Someone close to me is in the hospitol unconcious, and has no next of kin, what can I do for him???

Question

This guy named kenny as been in our family unoffically adopted for the past 15 years. He really has no family but us. I guess he never really thought of the future, because he never tied us to him legally for emergency reasons. My grandmother is dieing of cancer, so all her children, including kenny, came to visit her. While kenny was here, he was on the roof cleaning her gutters, but he was drinking...and he fell off the roof onto concrete, was airlifted to a hosp and is bleeding in his brain in 4 spots, critical condition, bad bad situation. The doctors wont let us know whats going on with him because we are not next of kin, and we cant find ANYONE who is. His mother is alcoholic and is not involved in his life.....is there anything our family can do for him? Any temporty next of kin paper we can get or anything so we can help him and support him? The doctors won't even tell us whats wrong with him.....What can someone do in a situation like this?

LET ME ADD, that his MOTHER KNOWS...but she dosent seem to care about it. She wont talk to any of us, and will hang up on us. She won't participate nor help us support him.

Answer 1

Legally the doctors can't give you information about his medical condition unless he previously had signed documents giving you power of attorney allowing you to make medical decisions

Answer 2

Go to the hospital and get in touch with social services. Explain to them that the only legal next of kin is extranged and incompetent to make decisions due to alcoholism, and you want to either A.) petition for temporary medical power of attorney or B.) the hospital needs to apply for guardianship. This can take time - but work with them and they will work with you.
I have seen cases where we have had a patient for months because we cannot locate anyone interested in being responsible. It's sad.

Just for the record - throwing around he word "malpractice" will not make everyone jump to your whim. They will balk at your attempts at intimidation and will be less likely to help you. It is not malpractice to not inform non-family members of a patients condition. It is actually illegal to tell them anything - and the hospital is acting within in the constraints of the law.

Answer 3

Call an attorney. You want to be appointed Conservator of the Person. This may take some time as there are sure to be hurdles to get over, designed to make sure you made a serious effort to notify any actual family members.

It will take time, possibly too much time to actually make a difference, but that's what you are looking for.

Answer 4

You said he has no next of kin. But if his mother is alive she is next of kin, even if she is an alcoholic. I think you should locate her, tell her what is going on, give her a ride to the hospital, and have her allow you guys to be listed as next of kin. Otherwise, burial costs will hit her door.

Answer 5

Tell his mother, its all you can legally do. Perhaps she will sign a waiver of some sort allowing you or someone in your family access to his information. How would you feel if it were your son in the hospital. Does the poor woman even know?

Answer 6

file emergency petition in family court [or local equivalent in your state/province] asking to be appointed temporary guardian because Kenny has lived with you for past 15 years and has no known kin other than non-responding {alcoholic} mother.

you'll need all family members to turn out in court to testify.


GL

Answer 7

Call the mother and ask her to declare you acting on her behalf as next of kin. If she won't do that, call anyone related to him. Also, tell the doctor that he refuses to give you vital information and kenny dies because of it, you will sue him for medical malpractice. If you throw that word around enough, they'll do alot. Call legal aid in your state and ask them what you can do.