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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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If a wife signs an opt op agreement in South Carolina so

Customer Question

If a wife signs an opt op agreement in South Carolina so that neither she nor his family can see her unconscious husband, how does his family regain rights to see him?
Submitted: 1 year ago via USmarriagelaws.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What document is it that the wife signed? Is this a document to limit who may visit her husband in the hospital?

2. You wrote: so that neither she nor his family Who is the "she" you are referring to?

Doug

Customer: replied 1 year ago.
In South Carolina the wife his trying to throw the incapacitated husbands family out of his ICU room. The hospital has told the husbands family that the wife can do that, but if so she would not be able to be in the room either. It's everyone or no one and its called opting out. If the wife opts out, what can HIS family do to regain visitation?
Expert:  LawTalk replied 1 year ago.

Good afternoon,

Thanks for the clarification.

I empathize with your situation, and all too often disagreements and strife between family members leads to this kind of spiteful behavior by a spouse or next of kin of another person who is hospitalized. The law presumes that in this situation, unless there is a Durable Health Care Power of Attorney that states to the contrary and signed by the patient, that the next of kin has the right to control visitation. While not legally mandatory, the hospital has established a policy to try and prevent this kind of spiteful action by the next of kin by saying that the opt out applies to all people including the next of kin. However, some hateful people are willing to give up being with their spouse or other close relative in exchange for keeping all others away---and that is clearly what the wife is doing in this instance.

The only way to have the decision of the wife overridden so that you can force the hospital to allow family members in to visit the husband is to seek an order of the court granting the other family members visitation privileges. I would suggest that you contact a local Probate Law attorney who can prepare a petition, after learning all the facts of this matter, and press the court to override the wishes of the wife and allow visitation by other family members. This may demand that one of the family members be appointed as the comatose patients Legal Guardian.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
Thank you.
Expert:  LawTalk replied 1 year ago.

Thank you for your kind words. They are appreciated.

Please understand that in order for me to be compensated for having helped you, I need for you to positively rate my service to you by clicking on the rating stars---three stars or more. It is that easy.

Thanks in advance.

I wish you the best,

Doug

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