Generally when you separate and execute a separation agreement, the agreement itself has you waive all marital rights and obligations. This would include the right to make health-care decisions for your spouse, however you may have voided the separation agreement when you reconciled. If that was the case you may have the right to make decisions as his spouse, however in order to answer that question I would need to review your separation agreement.
You are also asking question regarding health-care law. This ventures into an area of law where we do not practice. You are legally his spouse until the date you are granted an absolute divorce. There is no “legal separation” status in this state, you are legally separated on the date you begin to live separate and apart. You are going to need to consult an attorney who specializes in health-care law to find out how your separation affects your ability to make medical decisions.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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