Legal Question in Family Law in Massachusetts
Guardianshipof spouse
My husband of 18 yrs was critically injured in mva.We have been seperated for a few years but haven't sought legal seperation or divorce.We coparent our 2 kids ages 16 & 19.
The issue is that his mother is listed in some form as next of kin while i assert that right based on our marital status
and for the sake of our kids.His mother is aseriously unstable person who has had no contact with my husband in over 14 yrs yetv she continues to meddle in his medical affairs and create a split between myself and his caregivers.He is not able at this time to speak for himself and his prognosis is very unsure at this point.How far do i need to go legally to keep this woman out of my husbands medical affairs?I have made an application for temporary guardianship already, but i'm not sure if i need a laywer.
1 Answer from Attorneys
Re: Guardianshipof spouse
I assume your husband has not executed a health care proxy, and is not capable of doing so now, nor is he capable of indicating who he wants as his guardian.
There is no necessary presumption that a separated spouse should be the next of kin. Assuming he was responsible for the notation that his mother is next of kin, that would be determinative.
If the mother had that put in when the son was admitted, you can challenge it, but you should be prepared to prove that your husband would have preferred to have you in charge of his medical and other affairs.
A guardianship petition is the best way to do that, and under the circumstances, you definitely need a lawyer.
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