Do adult stepchildren have a right to be included on a parent’s medical paperwork?

Estate Planning

Liz

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Got it, thanks for checking. Signing the birth certificates can sometimes establish certain legal responsibilities, especially if they were born while he was married, which can make them legally his daughters even if not genetically. However, they'd have no rights to be on his paperwork unless he granted it. If they are pressuring him, that could also be considered elder abuse, which you could then report.

Under federal law, medical providers generally cannot share a patient's health information, or add someone to that patient's paperwork, without the patient's own authorization. This is governed by the HIPAA Privacy Rule, which lets a patient decide who receives access to protected health information. (45 CFR § 164.508)

A durable power of attorney for health care, once properly executed and in effect, gives the named agent, not other family members, the authority to act on the patient's behalf in medical decision making.

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I married my 100% service disabled husband 2 years ago, he is 70 and I am 72. His daughters, in their 40s, have always been antagonistic if not hateful to me. They are insisting on being on all his medical paperwork. I say I am not in agreement. There's a lot of my personal details in that paperwork as I help with his care and have a durable power of attorney.

Lexi, Chatbot

I understand how challenging it can be to navigate family dynamics in such situations. Have you discussed your concerns about the medical paperwork with your husband?

Yes. Before our marriage the daughters were on his paperwork. One daughter reported me to the state elder services agency for elder abuse before we got married. He is piggy in the middle.

Lexi, Chatbot

Do you have any legal documents, such as a durable power of attorney or a healthcare proxy, that outline your role in his care?

A power of attorney.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your medical paperwork concerns.

No.

Liz

Hi there! Welcome. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information only site. No attorney client relationship is formed from our conversation. So I can best help, does your husband currently have capacity to understand?

Yes.

Liz

Could you clarify if the durable power of attorney you have includes medical decisions, or is it limited to financial matters?

I don't remember right now. I wasn't anticipating digging into my file cabinet this minute, sorry.

It may be irrelevant, but these daughters are not his blood. They are children of his wife at the time who had affairs and got pregnant. He was their "dad" until the wife divorced him when the girls were still children.

Liz

Oh no worries! Did he ever adopt these "daughters?"

I am checking. He said he just signed their birth certificates.

Liz

How common is this situation? The hated stepmother. Adult children making demands.

Liz

Sadly, it's about as common as different renditions of Snow White. Especially with marriages later in life.

We are meeting with a family law attorney in two weeks. Thank you.

Liz

Oh great. Although, you might want more of an elder law and estate attorney. With family law, you see mostly custody and divorce attorneys.

Yes, he is an estate planning guy. Okay, thank you.

Liz

Great. Is there anything else I can assist with or clarify? If I can be of help, please let me know.

Liz

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