Do adopted kids have same rights as bio kids?

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AlyRoseNYC
AlyRoseNYC Posts: 1,075 Member
If me and my sister are the closest kin to my dad, would she have more rights as a medical proxy than I do? She is the biological child and I am the adopted child.

Thanks.

Replies

  • JPod279
    JPod279 Posts: 722 Member
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    Seriously? You come to a weight loss forum for legal advice? I am not trying to be mean, but come on.

    I will tell you that laws are different in every state so even if someone on here had the same situation it might not matter if they are in a different state. Even if they are in the same state the laws could have changed recently or case law could have impacted how situations are handled.
  • scs143
    scs143 Posts: 2,190 Member
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    No, if you are named in the proxy as the person that is designated to make medical decisions on his behalf, then it doesn't matter who is what.
  • AlyRoseNYC
    AlyRoseNYC Posts: 1,075 Member
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    Seriously? You come to a weight loss forum for legal advice? I am not trying to be mean, but come on.

    I'm not planing to take screen shots of this thread to court or anything. Just "CHIT CHATtting" and wondering if anyone had any quick advice/experience.
  • AlyRoseNYC
    AlyRoseNYC Posts: 1,075 Member
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    Seriously? You come to a weight loss forum for legal advice? I am not trying to be mean, but come on.

    I will tell you that laws are different in every state so even if someone on here had the same situation it might not matter if they are in a different state. Even if they are in the same state the laws could have changed recently or case law could have impacted how situations are handled.

    K thanks. I was mostly looking for insight or experiences with adopted kids vs bio kids when it comes to making major decisions.
  • JPod279
    JPod279 Posts: 722 Member
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    Glad you clarified why you needed to know. My wife is a nurse and she has seen people with Power of Attorney, etc... come into the hospital and then family comes in and everything gets all screwed up. It sucks. It is best if everyone sits down and understands their role and is made aware as to who has the power to make the final decision. But, even then, in the heat of the moment, people will do crazy things.
  • AlyRoseNYC
    AlyRoseNYC Posts: 1,075 Member
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    Glad you clarified why you needed to know. My wife is a nurse and she has seen people with Power of Attorney, etc... come into the hospital and then family comes in and everything gets all screwed up. It sucks. It is best if everyone sits down and understands their role and is made aware as to who has the power to make the final decision. But, even then, in the heat of the moment, people will do crazy things.

    Thanks. This info is really helpful!
  • angryguy77
    angryguy77 Posts: 836 Member
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    They do have the same rights unless they are red headed.
  • AlyRoseNYC
    AlyRoseNYC Posts: 1,075 Member
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    They do have the same rights unless they are red headed.

    Well, then I guess I'll be fine! lol
  • scs143
    scs143 Posts: 2,190 Member
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    If its a properly executed medical proxy and he had the capacity to designate, there is no reason why you would have any less rights than your sister.
  • AlsDonkBoxSquat
    AlsDonkBoxSquat Posts: 6,128 Member
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    I wouldn't think so. It seems to me that full legal adoption makes that person just as legally the parent's child as a bio kiddo. At least if I were adopting a child I would hope that the understanding is that my love for that child surpasses bloodlines and all that legalities do is make it official in the eyes of the law that this person and I have the same legal rights to each other as anyone else in a legally binding parent/child relationship. I should think that there is no difference between the adopted child and a bio in the eyes of the law.
  • alyson820
    alyson820 Posts: 448 Member
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    If she's named as the medical proxy, then yes, because that's a right that's been designated to her by your dad to make decisions. If she's not the legal proxy, then no, it goes by next of kin. In the US, the order is spouse, children from oldest to youngest, parents. Adoption and biological children are viewed as the same.

    I think you should sit down and decide who is going to make the final decisions for your dad if he's unable to, and (if your dad is able to now), have him draft a living will with a lawyer.
  • TrainingWithTonya
    TrainingWithTonya Posts: 1,741 Member
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    If there is a medical proxy in place, then whoever is named in the medical proxy is the person making the decisions, regardless of whether they are related or not. If there is no medical proxy, its the next of kin, which would be a spouse first, then children or parents, then siblings. As for the legality of adoption, in a court of law, adopted kids are seen as equal to biological kids, so in executing any legal documents or handling an estate, you would be seen as equals in the court system.

    My Mom and Aunt had a similar situation many years ago. My Mom (who was adopted and also the oldest) in her frustration of dealing with my Aunt, lost it one day and pointed out that their Dad chose to be her father, where my Aunt was an accident. Talk about opening a can of worms! Because of that situation, my best recommendation would be for you to sit down with your sibling and father if he is able and decide now on any possible end of life decisions that need to be made and put it all in writing. That way when the time comes and emotions are high, nobody has their feelings hurt.
  • UsedToBeHusky
    UsedToBeHusky Posts: 15,229 Member
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    If there is a medical proxy in place, then whoever is named in the medical proxy is the person making the decisions, regardless of whether they are related or not. If there is no medical proxy, its the next of kin, which would be a spouse first, then children or parents, then siblings. As for the legality of adoption, in a court of law, adopted kids are seen as equal to biological kids, so in executing any legal documents or handling an estate, you would be seen as equals in the court system.

    My Mom and Aunt had a similar situation many years ago. My Mom (who was adopted and also the oldest) in her frustration of dealing with my Aunt, lost it one day and pointed out that their Dad chose to be her father, where my Aunt was an accident. Talk about opening a can of worms! Because of that situation, my best recommendation would be for you to sit down with your sibling and father if he is able and decide now on any possible end of life decisions that need to be made and put it all in writing. That way when the time comes and emotions are high, nobody has their feelings hurt.

    Ooh! That sounds ugly. Did you mom and aunt ever work that one out?
  • _HeathBar_
    _HeathBar_ Posts: 902 Member
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    I find this thread un-humerus.
  • ComicBookGeekGirl
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    If me and my sister are the closest kin to my dad, would she have more rights as a medical proxy than I do? She is the biological child and I am the adopted child.

    Thanks.
    I have nothing of value to add. I just like your profile picture.