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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34277
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: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years 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 2 years 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 2 years ago.
Hi
When did he have the accident?
Clare
Customer: replied 2 years 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 2 years 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 2 years ago.
Sorry - I should have said I need to know this as it is relevant to your options
Customer: replied 2 years ago.

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

Expert:  Clare replied 2 years 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 2 years ago.

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

Expert:  Clare replied 2 years ago.
How old are the children?
Customer: replied 2 years ago.

17, 15 and 6.

Expert:  Clare replied 2 years ago.
I suspect I know the answer - but I assume that you have informed the hospital that you are still marriedClare
Customer: replied 2 years ago.

Yes, I have informed the hospital we are still married

Expert:  Clare replied 2 years ago.
Do you know if he is actually conscious?
Customer: replied 2 years ago.

He is conscious but very confused

Expert:  Clare replied 2 years ago.
Are you in touch with anyone from his wider family?
Customer: replied 2 years ago.

Yes I am