Accidental access
Question
My sister is in hospital after a serious car accident and the doctor has described her as being in a 'confused state'.
She is filing for divorce from her husband and has reached the stage of decree nisi, so what legal rights, if any does her husband have over things like her bank accounts?
Can he also be stopped visiting? She gets upset when he's there and it's setting back her recovery. Will the doctor be able to tell the staff not to let him in?
Answer
Because your sister is in the period between decree nisi and decree absolute she is still technically married and therefore her husband can be classed as her next of kin. This doesn't mean he's automatically entitled to deal with her bank accounts. Close relatives, such as yourself, can also be classed as next of kin.
When it comes to dealing with her bank accounts there are two ways forward: by getting a third party mandate from her bank or building society; or by drawing up a power of attorney. This may be more appropriate if your sister is to be incapacitated for a long period of time.
Finally, your sister should be able to tell the hospital that she doesn't want to see her ex anymore. However, if that isn't possible you should try to explain to them the situation and they could ask him not to come again.
Updated: 27/01/2009
Question answered by CAB
