QUESTION
My dad suffered a traumatic brain injury in 2018. My stepmother has guardianship I believe. Can my brother and I obtain this from her.
Asked on Aug 31st, 2020 on Guardianship and Conservatorship - Nebraska
More details to this question:
My brother and I want more information about my dads situation because my dads wife suddenly says he's not doing so well but we see different. We want to get all the information we can from his neurologist but cannot without him being present. His wife says he cannot attend the meeting.
1 ANSWER
2 Awards
While a spouse generally has priority for guardianship, first check the local probate records to determine whether a guardianship was in fact awarded to your stepmother.
Few states, if any, specify the legal capacity required to sign a HIPAA Medical Information Release. If your father can sign one, it should allow the doctors to talk with you.
Please note that your stepmother may not want to worry you or it may be too painful for her to admit the true situation. A calm and sympathetic discussion with her may yield more information.
Answered on Sep 01st, 2020 at 8:00 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.