best advice for this critical situation, please help!

[hope7]

A friend of mine was in a terrible car accident this morning, and is in critical condition at the hospital.

He is currently in a "common law" marriage/relationship according to his "spouse/girlfriend", who is demanding to hold all rights and power of authority, including what is to be done about my friend's condition and who is to visit/support him at the hospital.

She is currently stating that she is most superior, and will decide who can see my friend and what is to be done with him.The hospital has abided by what she has told them, and is allowing her to solely control what is going on, and leaving nothing up to the family of my friend.

My friends mother feels very depressed and desperate about this whole ordeal and is really wondering if her son's "common law wife" actually has more of a say in her sons life than she does.

In my opinion i feel like my friends girlfriend or "wife" is being tremendously selfish about all of this, but because she is behaving this way I really want to know If this is true? What are her actual rights in a situation like this? Does my friend's mother have any say as to what goes on with her son in his condition, and what goes on in the hospital?

As his good friend...I just want him to recover as quick as possible..and so far..so does his family..but his girlfriend/spouse...is making this a very difficult process.

some one please bring some clarity into this horrible, and critical situation..

[FL_Needs_To_Change]

Under the "Personal Directives Act", she does have the legal capacity to act on his behalf, and offer consent etc as if they were legally married.
Also, the "medical Consent Act" also recognizes her right to make medical decisions on his behalf.

I do not know why she would not allow his friends and most certainly family to be around him and to show their support, even if it is only their physical presence.

[hope7]

Originally Posted by FL_Needs_To_Change

Under the "Personal Directives Act", she does have the legal capacity to act on his behalf, and offer consent etc as if they were legally married.
Also, the "medical Consent Act" also recognizes her right to make medical decisions on his behalf.

I do not know why she would not allow his friends and most certainly family to be around him and to show their support, even if it is only their physical presence.

She has only been living with him for almost a year and a half? I read that you have to be in a 3 year common law relationship of some permenance...to be considered a common law spouse in the provice of Ontario, but I also read that she has all rights under federal courts....is this true?!

[FL_Needs_To_Change]

For the CL status to prevail, yes there is a three year presumptive rule, however, in this particular case there is no suggestion that the relationship has ended or is going to end, therefore it is seen as an unfortunate turn of events that has put her in a situation to preside over the situation as if she was his spouse.