Q. My wife is currently hospitalized, but upon her release my stepson wants to place her in a nursing home against my will. He somehow got a power of attorney for her, but I am legally her husband. Don’t I have any rights?

A. Under current Kansas law, a spouse has no automatic legal right to make health care decisions for the other spouse. In other words, every person, regardless of marital status, has the right to make independent medical decisions. That right includes the right to designate others to make health-care decisions when necessary.

Every couple should discuss these kinds of issues with an attorney and should draft powers of attorney for health care, a living will and a last will and testament. When these documents are drafted by folks in good health with competent legal advice, emotionally troubling situations like yours can be avoided.

In this instance, however, your wife has apparently given legal authority to her son to make decisions, thereby cutting you out of the loop. She may have done that out of kindness – to keep you from making emotionally difficult decisions. Or, she may have been coerced by a child hoping to take advantage of her.

If you believe your stepson obtained the power of attorney improperly, or you believe he is taking steps that are not in your wife’s best interest, you can seek help in court. There are many options you might attempt. For example, you could challenge the validity of the power of attorney. Or, you might allege your stepson is breaching his duties as attorney in fact. If you are correct, the court will likely grant you the authority to make decisions for your wife (assuming she is unable to make her own decisions).

In any event, you will need legal assistance. You might start by calling the Elder Law Hotline, (888-353-5337) sponsored by Kansas Legal Services. You may be able to get the answers you need from that free service. Unfortunately, you may eventually need to hire an attorney experienced in elder law matters to get things sorted out. If and when you do that, and once your wife’s situation is improved, make certain she has the attorney prepare the documents I listed above. You should execute the documents now so that if and when something happens to you, you are protected.

I hope this was helpful.

David J. Brown, Managing Attorney The Law Office of David J. Brown, LC 1040 New Hampshire, Suite 14 Lawrence, Kansas 66044 785-842-0777

Because every legal situation is different, no response or comment in this blog can be considered legal advice to any one person, even the person who posed the original question that prompted a discussion because the answers will be generalized to provide basic information for all readers. Anyone with a real or potential legal problem should seek the advice of a practicing attorney who is educated and experienced in the area of law in question. Use of this blog does not create an attorney-client relationship between the reader and The Law Office of David J. Brown, LC.