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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.