Orphan / Adult now / medical question

Sorry for the long post and question from my bbs legal experts...
My good friend (over 30 years old) was in a serious accident and is currently in a sedated coma.

When he was very early in age... he was placed with orphanage parents due to his biological parents not having the ability to care for him... and these "step" parents raised him till after he was 18.

His biological parents are NOW coming forward and demanding to be his legal guardians and control over his monies and medical decisions.

Do they have a claim to this???

 

Somewhere between fat and chance…but that doesn’t mean they can’t cause everyone significant cost and aggravation while trying to find a court to award them said rights.

Are his adoptive parents still involved in his life?

 

There's probably not enough information here to be sure. From a legal standpoint if his birth parents are his next of kin, he's not married, has no children and he was never formally adopted the courts would probably go with the birth parents. I'm not a lawyer though.

Edit: I tossed this hypothetical to a friend of mine who is also not a lawyer but studied a lot of law. He says it's likely that the court will appoint a "guardian ad litem" or an attorney to represent the interests of the disabled adult during the guardianship proceedings. Ordinarily the court would take the input of the individual in question under advisement when awarding guardianship, but if the individual is unable to communicate (as in this case) the court first appoints an impartial guardian to assess what would be in the best interest of the disabled individual.

It's definitely not a lock that the birth parents would just be able to waltz in and take over.

 

Sounds like a couple of people need to get a visit from an Italian guy with the middle name 'The'.

 

Im guessing the friend doesnt have a will or medical directive?

 

That’s completely shitty. But sadly that’s where we are today.

 

So dirtbag biological parents couldnt raise him but now they see $$$$ from his death?

Addicts, obviously. That need a beating.

 

No. More detail, not necessarily as a matter of law. It is likely something they would want to fight for, and whoever cares about him, would fight against. But the adjudication of the law is an adversarial process. Does he have any allies?

 

His step sister is his primary medical contact and directing representative.
I assume he has no living will.
His foster mom is looking for her old documents for when he was little.

 

What state are we talking about?

I believe here in Arizona the hospital might contact Adult Protective Services and have a court appoint a Guardian Ad Litem to act in the best interest of the client ( your friend) If no one is making any phone calls maybe you can petition to fill that role?

 

No. His step sister is making all the calls and decisions since the accident.
Which she definitely has his best interest.
It's his biological family stating THEY have all the rights to make ALL decisions... whether medical or financial.. after having almost zero contact with him for years.

 

His step sister needs to get an attorney pronto. A shark. The comments about which state matter. Those assholes are circling. Move it.

 

Nope..they signed away their parental rights. His step-sister needs an ambulance chasing lawyer..now..not tomorrow...now.

 

As a result of the final judgment of adoption being granted, the adoptive family permanently assumes all parental rights and responsibilities for the child, with the birth parents' parental rights and responsibilities previously being terminated.

 

Doesn't sound like he was actually adopted though, and that could impact I would think.

 

So the legal part of my mind is curious about who has custody of an adult in this situation.

 

That could get sticky as unless the step-sister has a durable medical P.O.A there may well be nothing she can do. Regardless I don't think the biological donors have any rights here either but my legal advice is worth exactly what you pay for it.

 

are they declaring it like this??


Just a grim reminder to put your wishes in writing.

 

Turbo is correct.

Put this kind of thing in writing and adjust it yearly or however it is needed.

People that die with money suddenly find out they had all kinds of cousins.

Never thought America would get to the point that you cannot, literally and actually, die in peace, but here we are.

 

My thoughts exactly.

Sounds like some pieces of shit are looking to cash in on someone they didn't give a shit about when it really mattered.

Fuck them.

I hope I never find myself in a situation like this, because there is no way I would be able to handle it the "right way". When all is said and done, I would be the one who ends up in jail.

I hope a judge sees right through this and tells them to go fuck themselves.