Help me i need legal advice?

my father is in the hospital and my step mother wont even tell me which hospital but dont i being his blood daughter have more right than her being his 2nd wifeHelp me i need legal advice?
No. You do not have any rights with regard to your father unless you have a durable power of attorney for health care that he filled out. Otherwise, the spouse is always the next of kin. As long as he his married (even if he gets separated), your stepmother is his next of kin and has the legal authority to make any and all medical decisions on his behalf if he can't do so.





You have absolutely no rights whatsoever.





Additionally, if he were to pass away without a will chances are pretty good you would not inherit a thing. The spouse inherits the entire estate - and it doesn't matter if it's a second or even third marriage.Help me i need legal advice?
A child does not have more rights than a spouse. Although the spouse might in some circumstances have more rights than the child, the spouse does not have more rights than the patient himself.





If your dad is competent and conscious, he can make his own decisions.





The question is whether your dad wants to or is able to talk to you, not whether his wife doesn't want you to talk to him.





I agree with those who suggest that you call the hospitals. Try calling other relatives or close friends of your father, or his church pastor, or his place of employment if you want to - DO NOT tell them the part about your problems with your stepmother. Tell them that you have not been able to reach your father and that you have reason to believe that he is in the hospital. That ought to be good enough.





So what if your stepmother gets mad? She'll just have to deal with it, just like you have to deal with being so far away, having to call 20 hospitals, etc.





Particularly if he is gravely ill then it is understandable that you will want to make arrangements to see him. If nothing else you can send him a card.





If there is a telephone in your dad's room you can call him.





If your stepmother answers and refuses to let you speak to him or if the hospital claims privacy ask for ask to speak to social services or a floor nurse and ask them to talk to your father and give him your contact information. (Maybe they won't do it, but no harm in asking.)





If he is well enough to speak then he can express his wishes which will trump his wife's wishes.





If he is NOT well enough to speak then in a compassionate situation the phone could be held to his ear so you can tell him that you love him and are thinking of him. (Which was done for my father when he was gravely ill and my brother was across the country.)





As far as durable powers of attorney or the right to make medical decisions for your father, he makes his own decisions if he is able. It is likely that he would have appointed his wife as the person to make medical decisions because you are so far away.





Don't rely on legal advice from Yahoo Answers. For example, the advice in an earlier post (which I don't think you asked for) about inheritance rights is not correct. If your dad has a will, then the will states who will inherit how much and what, except that property that he owns jointly (in writing) with your stepmother will go to her. Chances are that relatively little of your father's assets are his sole, separate property, but that would be sorted out when the time comes... which we all hope is not any time soon.





If your dad disinherited you and left everything to his wife, so be it.





If he has no will then the laws of ';intestate succession'; apply. Under Georgia law, if a person dies without a will the spouse does NOT inherit everything. If there is one child, then the estate is split 50-50. If there is more than one child then the spouse gets 1/3 and the children get equal shares of the remaining 2/3 of the estate.





Again, this only applies to property that is solely owned by your dad. Property and accounts that are jointly owned by your father with your stepmother would be hers.





And, again, do not take my word for this.








If you go see your father please do not be suckered into a fight with your stepmother.





I am so sorry for this difficult situation. You are having a ';character-building experience.';
have you tried calling the local hospitals to ask if he is there? that would seem to be the first step.
ya definitly call family members and all local hospitals. they'll be able to tell u

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