Page 83 - The Circle of Life
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applicable on legal privilege where the lawyer may refuse flatly and probably will
do so. In medical matters as said you can insist on your rights to know
depending also on what the patient wants. Consequently you may also be
allowed (if the medical men agree in the interest of their patient) to be in the
same room during delivery or any other procedure including examinations.
Remember those words "in the interests of the patient" for it gives the medical
men wide powers of discretion which no court will easily overrule. If they chase
you out you stay out in general terms.
The spouse is also entitled to the physical remains after death for a decent burial
after the authorities are finished with it. We see this often on television where
the wife waits for her soldier husband coming home in a casket covered by the
flag. Legally the remains must be handed over first to the spouse and if not
available a child (of age obviously) and then the parents (if alive). This is your
legal right as remaining spouse as sad as it is. Sometimes it even happens after
divorce as you will remember Prince Charles waiting to take possession of
Diana's remains. In this country, by the way, he would have been chased away
and her father or elder brother given the remains. Divorce takes away the
marital rights.
Receiving the body is the last honour a spouse can give the deceased
and healing in a way.
Thirdly, when incapacitated a spouse usually (depends jurisdiction) takes over
his wife's affairs on her behalf until she is healthy again. The court will not easily
refuse this right or give it to strangers. I have seen (and it is heart-breaking) old
couples going through this type of thing. Let me tell you, they stand by each
other no matter what. Gives me hope for the future as we can learn from the
past. I love talking to old folk. They are exceedingly wise.
Fourthly, your spouse may take your last name or not. It is her choice and
nothing forces her in law to do so. Many don't for professional reasons. Nothing
prevents a man to take his wife's last name but remember the morganatic
marriage exceptions we discuss somewhere above.
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