Challenging Surrogate Decision Maker

Summary

In Arizona, you can challenge a surrogate decision-maker by petitioning the court. File a petition to become the designated healthcare surrogate, providing evidence of your relationship and your boyfriends wishes. Gather statements from friends and medical staff to support your claim. Consulting with a local attorney specializing in healthcare law can be beneficial.

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My boyfriend accidentally overdosed and was admitted to the Hospital. For the first five days, I was his sole caregiver, providing critical information to the medical team and ensuring he received love and support. Despite this, the hospital's case manager, following Arizona's next-of-kin surrogate decision priority, sought contact information for his estranged mother in Texas. He has intentionally distanced himself from his family, making it clear he did not want them involved in his life. However, through an ex-partner, the case manager obtained his mother's contact information. She flew to Arizona and began making medical decisions that I know he would not agree with, causing significant concern for his well-being among his close friends and me. I am worried about the impact of her decisions and the advice being given by the medical staff. Is there any way I can challenge her surrogate status and assume the role myself, as I would be next in line for medical surrogacy?
Hi Kristina, I'm really sorry to hear about your situation. You may be able to challenge the current surrogate decision-maker under Arizona law. Here are some steps you can consider:
- File a petition with the court: You may need to file a petition in court to challenge the surrogate decision-maker's status.
- Present evidence: Collect evidence showing your boyfriend's wishes and your role in his care.
- Consult an attorney: It could be beneficial to consult with a local attorney who specializes in healthcare law.
Would you like more detailed information on how to file a petition or contact a local attorney?
My boyfriend accidentally overdosed and was admitted to the Hospital. For the first five days, I was his sole caregiver, providing critical information to the medical team and ensuring he received love and support. Despite this, the hospital's case manager, following Arizona's next-of-kin surrogate decision priority, sought contact information for his estranged mother in Texas. He has intentionally distanced himself from his family, making it clear he did not want them involved in his life. However, through an ex-partner, the case manager obtained his mother's contact information. She flew to Arizona and began making medical decisions that I know he would not agree with, causing significant concern for his well-being among his close friends and me. I am worried about the impact of her decisions and the advice being given by the medical staff. Is there any way I can challenge her surrogate status and assume the role myself, as I would be next in line for medical surrogacy?
Hi Kristina, I'm really sorry to hear about your situation. In Arizona, you can challenge the surrogate decision-maker by petitioning the court. Here are some steps you might consider:
- File a petition with the court to become the designated healthcare surrogate.
- Provide evidence of your relationship and your boyfriend's wishes.
- Gather statements from friends and medical staff supporting your claim.
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