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Hospital visitation rights? Will I be able to visit?
I am 32 years old, and a female. My younger brother has been troubled most of his adult life and a few days ago he was found having had a heroin overdose. He is now in the hospital unconscious and unable to make decisions for himself. We are not on good terms with his wife, but so far she has not stopped my mom or other brothers from seeing him. I am on good terms with his ex(who is 2 kids from him) and his wife knows this and pretty much hates both of us. I live in another part of the country and I can not get there for a few more days. Tensions are rising between her and the family and I am concerned she may keep me from seeing my brother. What can I do if she does this? I know as his wife she is automatically granted power of attorney. It would be very devastating to me if I could not hold my brothers hand and tell him I love him before he passes away.
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Call the hospital ahead of time.
Power of attorney can actually mean several things, but doesn't actually automatically give someone 100% say over the access that can be granted to immediate family members in this sort of situation. In some places, people are even required by law to facilitate supportive family relationships, meaning a person granted power of attorney can't deny access to relatives just because they don’t like them. There are places where that's a crime. Most hospitals will have a policy to address a situation like yours, and may even tell your SiL she must speak to a judge before she can deny immediate family members access.
Talk to someone at the hospital before you plan to visit, and ask them what will happen if his wife attempts to deny you access. As an immediate family member, it is unlikely that it's an open and shut case. You do have rights, you just might need to put up a fight to have them honoured.
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You can always call that hospital ahead of time and let them know your situation and find out what their rules are, whether a wife can have say over who comes to see him if he's in danger of dying.
WITH my dad, he had pneumonia in nursing home who called emergency & was taken to the hospital and put on life support. He had wanted 'no resuscitation' and the sister who had POA had changed it once only so hosp would previously treat him for another minor infection. It wasn't changed back. He'd actually died of the pneumonia and they revived the body but he was as if dead. They did not question any of us who showed up at his room if we were supposed to be there, but of course, no one was making a stink saying they didn't want certain people there. She used her POA to decide what we all wished for, to release him from the years of suffering after a series of strokes, and so he was taken off support. One sister lived out of state and couldn't make it and wanted us to put the room phone up to Dads ear after he'd already passed on. I couldn't control finding that funny as I know Dad was no longer in the body hearing with human ears. Once a soul is in spirit form, they can go visit all their family members and many go to attend their own funerals, some try to contact a loved one through dreams to reassure them they are okay or leave other signs the person knows. So just in case the worst happens and you aren't allowed to see him before he dies, you can certainly talk to him afterwards and he will see you and hear you and most likely be present in the room but unable to contact you in a way that you can be sure he knows. Why I say this, is that my Dad was no longer cognizant of his surroundings, only a machine keeping him from being legally dead. To us all, it was as if he was already dead. None of us were able to see him just before he died and was revived to be dependant on a machine. He even looked dead...its hard to describe. But my siblings and I all dealt with it without having issues of not having the opportunity because we believed a loved ones soul is able to hang around with family for a while before they cross over or come back after to let us know they're okay. tHE SOUL isn't limited like we are when in human bodies. I hope everything turns out alright in your situation though.
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