San Bernardino, CA asked in Family Law and Health Care Law for California

Q: Sadly my husband uses, God forbid he ends up in a hospital. What are my rights concerning his health and well being?

The difficult part is that he chose to live with his mom who doesn't like me. I have went above and beyond to contact him however he is a user. She changed the locks and his phone number. My concern is if he ends up in a serious health situation she will make decisions without me. What are my legal rights as his wife in case he is hospitalized and choices need to be made? is it her responsibility to contact me? I fear she wouldn't and would make decisions. I have already text her to contact me in regards to any emergencies. I am trying my best to make sure that this situation can be prevented. I just want to know my rights as his wife over his health.

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1 Lawyer Answer
Priscilla Ann Madrid
Priscilla Ann Madrid
  • Estate Planning Lawyer
  • Anaheim Hills, CA
  • Licensed in California

A: Unfortunately you have no rights unless you have a power of attorney for health care. However given his substance abuse problems and your presumptive priority as his wife to be his conservator you may be able to petition the court to be conservator over his health care and finances. This would be a petition initiated in probate court. Not all probate attorneys have experience in these types of conservatorships. If you husband is not receiving public benefits such as disability or social security which is being used to fund his substance abuse you may only need to be appointed as conservator of his health care/person. Unfortunately there is not really enough information to advise you properly and in any event, it could not be done on this website. You can check out the court website in San Bernardino or Legal Aid in your area for further assistance.

Best regards,

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