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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband and I were separated a month ago. He went to live

Customer Question

My husband and I were separated a month ago. He went to live with his mother. A week ago he had triple bypass surgery without me knowing, he called me on the 7th day and gave me an update on his condition. We talked for two days and texted on our text I ask did he want to come home, he said yes. He left the hospital and went to his mother's house. He texted me and said he had to go back. That morning. I did not know what hospital he was in
I call 4 hospital before finding him. His mother said fore not to visit. She made a call and told the last not to let me visit
He had someone back there with him
I told the guard to ask my husband
My husband said he did not want me to visit. I want to know if something happens to my husband, what rights do I have? I have text messages he wants to come home
Submitted: 10 months ago.
Category: Family Law
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Please tell me:

1) Is the separation via the court, or, informal?

2) Does he have a Power of Attorney for medical purposes or a Living Will? Or, not? Or, not sure? If so, who is listed on those documents?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 10 months ago.
We never went to court for the separation
I don't think he has a living will, not sure
Expert:  Ely replied 10 months ago.

Thank you.

On this website, I do not always get to give good news, and this is one of these times.

If he has a LIVING WILL or a POWER OF ATTORNEY that names someone else than you as the person to make decisions for him if he lacks capacity, then, that overrides any default rules. The document then also does not allow you access to his medical records in most cases. So that may be something he drafted prior to going into surgery (which is common for people to do).

Even if he did not draft such a document, provided that he has capacity and is aware, he can decide who visits him and who gets medical records. Even if you have an informal separation which really does not mean anything legally, provided he is conscious and has capacity, he can (1) control who visits him and (2) who gets updates, and block even his own spouse from visiting.

As such, the following are then the likely scenarios based on what you have told me:

1) He lacks capacity but a legal document in place has him name someone else to make decisions for him who is not you; or

2) He has capacity, but has decided not to allow you to visit or to release any medical information (which he has a right to do, even if to his spouse).

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!