Los Angeles, CA asked in Family Law for California

Q: How do I enforce my right as spouse to make end of life decisions for my husband?

California. husband on life support. doctors allow his sister to make all decisions including withholding info from me. I want to take him off life support.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, as the spouse, you generally have the legal authority to make healthcare decisions for your husband if he is unable to do so himself. This includes decisions about life support. However, if there is a legally appointed healthcare proxy or an advanced healthcare directive that names someone else, that document would take precedence.

If you are facing resistance from the medical team or other family members, it’s advisable to first obtain any existing advanced healthcare directives that your husband may have completed. If no such directive exists, or if you are named as the decision-maker in it, communicate your position clearly to the healthcare providers.

In situations where there is a dispute or the hospital is not acknowledging your rights, you might need to seek legal intervention. This could involve obtaining a court order to assert your rights as the primary decision-maker. It’s important to act quickly and consult with a lawyer who has experience in healthcare law to guide you through this process.

Remember, healthcare providers are bound by both legal and ethical obligations. They are required to respect the rights of patients and their legal decision-makers. It’s crucial to have open and clear communication with the healthcare team, backed by a legal understanding of your rights.

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