Can someone who is in jail make a medical decision for someone in the hospital?

Question Details: My aunt is in the hospital w/ a massive stroke. Her boyfriend she was living with is in jail for 2 years. Can he make any medical decisions for her from jail?

Asked 11/6/2009 under Wills, Trusts, Probate | 141 View(s) | More Legal Topics

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He'd have to get the permission of the prison authorities.  Unless your aunt had named him as her health care representative, in writing, that's probably a long shot, and maybe so even if she did that.  The problem is that he's a boyfriend, not a husband, which makes a large legal difference, and that prison authorities' job descriptions don't include being great humanitarians.

If you can arrange for your aunt's doctor to accept a collect call, at whatever time the boyfriend has telephone privileges, it might be possible to take care of this within the prison routine.  I wouldn't hope for a temporary release or a visit under guard, although it doesn't usually hurt to ask.

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