Legal Question in Health Care Law in California
If a couple has lived together in California for 30 years and thought they were married by common law (not realizing CA doesn't recognize common law) and one can't make personal medical decisions at the moment. How does next of kin work?
2 Answers from Attorneys
Maybe they have a brother or a sister. They will take all the property you would have inherited if you had married or made wills, and you will be homeless. Maybe possibly they will let you visit in the hospital, but don't count on it.
If both people are of sound mind and able to express consent and wishes, you can get married tomorrow. I suggest you do that if it is an option. If not, you can apply for a conservatorship. It won't help you from getting screwed in any inheritance situation, but would let you care for your loved one.
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