Law & Legal & Attorney Family Law

Visitation Rights in Missouri for an ICU Family

    Rights of Parents

    • Under Missouri law, in most cases the parents of children who are receiving treatment in an intensive care unit have the right to visit on demand and to stay with their children at all times if desired. In cases where the child is receiving treatment due to abuse or neglect, the law provides the hospital with the right to restrict visitation in the best interest of the patient. These restrictions may be enforced through means of use of a child order of protection or a court designated restriction or limitation on the right of the parent to visit.

    Domestic Partners

    • Same-sex couples who have established a domestic partnership through the Domestic Partner Registry in the state of Missouri have the right to visit partners who are receiving care through most Missouri public hospitals. While policies may vary from hospital to hospital, most Missouri hospitals recognize couples registered through city or state approved domestic partner registries as the equivalent to the next of kin, particularly if the patient has no living parents or children.

    Guardianship Exceptions

    • An individual receiving care in a Missouri intensive care unit may become subject to guardianship if he becomes incapacitated without the benefit of a living will. In these cases, a spouse, parent, adult sibling or relevant next of kin may obtain the right to make decisions on the patient's behalf during the time in which the patient is incapacitated by means of court order. In addition to the right to make decisions on the patient's behalf, guardians have the right to visit the patient as they deem fit and to be present when any relevant care decisions are made.

    Friends and Extended Family

    • In addition to a parent, caregiver or court appointed guardian, friends and extended family members have the right to visit their loved ones in Missouri intensive care units unless clear and convincing evidence proves that visitation should be limited. Most hospitals in Missouri impose standard visiting hours designed to balance the health and welfare of the patient with the rights of visitors to have access to their loved ones. At all times, however, visitation must not compromise the confidentiality of the patient's records or treatment as mandated by the Health Insurance Portability and Accountability Act.

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