Homewood, IL asked in Estate Planning and Probate for Illinois

Q: Can hospitals withhold info on your parent's medical situation if they are told to by the eldest sibling

The sibling is lieing about being the eldest, and the nurses are still not listening. The head administrator nurse said in Illinois law the eldest gets to decide what happens to the parent if their is no spouse, just because your the oldest.

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1 Lawyer Answer
Robert D. Kreisman
Robert D. Kreisman
  • Chicago, IL
  • Licensed in Illinois

A: Being the eldest offspring of a parent is irrelevant. Even without a health care power of attorney, a child of the person hospitalized should be able to know what the condition of the parent is. The nurse administrator is wrong about the notion that the eldest offspring is the only person to make medical decisions for the parent. I urge you to contact a lawyer who handles cases like the one you describe. If your parent has no active and enforceable power of attorney, but is medically disabled because of the illness, disease or injury, your recourse could be to have your parent adjudicated a disabled person in probate court, appointing a guardian of the person and estate, which could be you. Then the guardian would make all decisions of medical care and financial affairs. You will need an attorney should guardianship be an option for you.

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