Legal Question in Family Law in Montana
separation
My father is seeking a divorce from his wife. They have been occupying seperate residences since august 2008. No divorce settleman has been reached yet. He has fallen ill and will be hospitalized under sedation for at least the next 2 weeks. The wife has shown up at the hospital to assert her legal rights over my father. How do we as his children protect him from harm, physically and financially while he is unable to protect himself.
1 Answer from Attorneys
Re: separation
Based on your brief facts, your father and step-mother are still married, so she has a legal right to be at the hospital. It seems your father has a couple of options:
1. If he has not filed for dissolution of marriage, he can do that immediately. At the same time, he can grant a Power of Attorney for someone to manage his affairs. He can sign a health care directive to set out specific instructions for the medical community and appoint someone to make decisions if he is unable.
2. He might be able to get an order of protection but he would need to show 'reasonable apprehension of bodily harm'.
3. He could simply instruct his doctor that he does not want to see his wife or to have her involved in his medical care or to have the doctor divulge any information regarding his care and condition. Because your father's wife has a legal right to be present, the doctor might not agree to preclude her.
Best bet is to make an appointment with an attorney who is experienced in elder law and trusts and estates. You father needs both immediate assistance and a plan for the future.
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