Deridder, LA asked in Family Law, Estate Planning and Health Care Law for Louisiana

Q: My step son that I have raised since he was 9 years old. Now 30 years old is in a medically induced coma.

Can I fight for medical power of attorney? His sister that never have anything to do with him are not allowing me to see him in ICU. Both his real parents are deceased. I am his only living parent figure and have been taking care of him for over a year now because his blood relatives will not help him.

1 Lawyer Answer

Robert Martin Louque Jr

Answered
  • New Orleans, LA
  • Licensed in Louisiana

A: I am very sorry for your step son's situation. Unfortunately, it is too late to consider a "medical power of attorney." A medical power of attorney is something you set up to deal with this situation before it happens. Given your step sons age, I am assuming this was not anticipated and he probably did not think he would ever need someone else making medical decisions for him because he was incapacitated. Since he was likely silent on who should make medical decisions on his behalf, normally the closest living relative is allowed to make medical decisions in these situations. Some hospitals require a court order before life ending measures are taken when the patient is incapacitated.

I know these fights happen often between parents and spouses but I do not know enough about this area of the law to know whether you would have the same rights as a "blood parent" in this situation. I would call a few attorneys to see if they do this kind of work regularly or know someone who does. I think you need an attorney that specializes in this kind of law, not someone who does a little of everything.

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