Same-Sex Hopsital Visitation Rights Case Tossed out of Federal Court

A federal court has thrown out a case of a same sex partner who was not allowed to visit her dying partner at a Florida hospital according to miamiherald.com. You can read the story here: Lesbian’s case against Jackson Memorial Hospital tossed.

According to the story, the hospital took a position that there is no legal duty or obligation to allow any type of visitors to the hospital, and apparently the federal court agreed.

As a Michigan estate planning attorney, this reinforces in my mind the need for a person’s wishes to be clearly outlined in an estate plan, especially if you are an unwed opposite-sex partner or a same-sex partner.  You need to take proper legal steps to reach similar benefits that married couples are granted.  I just blogged about this here: “Unwed Estate Planning in Michigan“.

It is important for unwed couples to have their disability documents in order, including a Patient Advocate Designation, HIPAA Authorization, and Financial Power of Attorney.

-Christopher J. Berry, Esq., A Birmingham Wills and Living Trust Attorney, is a Partner with The Law Offices of Witzke Berry PLLC, which practices in the areas of Same-sex Estate Planning, Birmingham Medicaid Planning, and Birmingham Probate Litigation, serving Metro-Detroit and Oakland County, Macomb County, and Wayne County.  We can be reached at 248-971-1700