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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My enstranged husband is in hospital, his cohabiting partner

Customer Question

My enstranged husband is in hospital, his cohabiting partner has registered herself as his next of kin.Hence she has created password ***** myself and the children can not access his medical condition/reports or his well being which is very much of concern.How can I dispute this coz he is not in a state to make decesions for himself.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help you.How long have they lived together and why has he lost his Mental CapacityClare
Customer: replied 1 year ago.

They have lived together since August 2012, I am still legally married to him. He had a head injury which has affected his memory/brain.

Expert:  Clare replied 1 year ago.
Hi
When did he have the accident?
Clare
Customer: replied 1 year ago.

Early hours of Sat 29/08/2015. It was an assault, was found by a passeby laying unresponsive by the side of the road

Expert:  Clare replied 1 year ago.
Given that they have been together for three years why do you think your husband would wish you to have control of matters?
Expert:  Clare replied 1 year ago.
Sorry - I should have said I need to know this as it is relevant to your options
Customer: replied 1 year ago.

We are not divorced, Iegally I am his spouse and we have 3children

Expert:  Clare replied 1 year ago.
I appreciate that - but he has chosen to spend the last three years with someone else - so what arguments can we use to show that hewould want you to take over?How old is he and what contact has he had with you and the children in that time?
Customer: replied 1 year ago.

He is 42 and we have been always in contact with each other, visiting and phoning each other.

Expert:  Clare replied 1 year ago.
How old are the children?
Customer: replied 1 year ago.

17, 15 and 6.

Expert:  Clare replied 1 year ago.
I suspect I know the answer - but I assume that you have informed the hospital that you are still marriedClare
Customer: replied 1 year ago.

Yes, I have informed the hospital we are still married

Expert:  Clare replied 1 year ago.
Do you know if he is actually conscious?
Customer: replied 1 year ago.

He is conscious but very confused

Expert:  Clare replied 1 year ago.
Are you in touch with anyone from his wider family?
Customer: replied 1 year ago.

Yes I am

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