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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My father is in an Intensive Care Unit in a Houston hospital.

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My father is in an Intensive Care Unit in a Houston hospital. His wife (my stepmother) can be very vindictive. I am worried that she has the ability to refuse to let my siblings and me, as well as my father's siblings visit him while he is in the hospital. Does she have the legal rights to do so? If she does, are there any steps we can take to prevent that from happening?

Thank you for your question. Please permit me to assist you with your concerns.


I am afraid that your concerns are well-founded. In a situation where the person is unable to make legal decisions, the spouse is the next person in line who can make decisions unless there is a medical power of attorney or a living will denoting otherwise. If his current wife is indeed vindictive, she does have the full power to deny access to anyone else while he is unable to make his own legal decisions. The only way to stop it (if there is no POA in place) is to pursue her legally and seek a formal conservatorship of the parent. The problem is that going through the courts may take time. The other option is to attempt to get to the father, and if he is still coherent enough, to get him to sign a POA granting the primary right to make decisions to someone else other than the current spouse.


Hope that helps.

Customer: replied 3 years ago.
Thank you very much for your advice and knowledge. I appreciate you taking the time to help me.

You are most welcome, truly. I wish I had potentially more positive news. Please accept my sincere wishes on having your father get better. Should you need me again, please do not hesitate to request me by name.


Otherwise, if satisfied with my work, kindly do not forget to positively rate my responses so I can obtain credit for my work. Thank you.

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