So the victim of childhood abuse could be swept back into her abuser's clutches...if her husband does something while she's incapacitated? Interesting.
So then can her children sue to divorce her from her parents?
"If the new law existed, and the parents were filing, and the new law gave parents legal guardianship "
OK, so we STILL have the court deciding on the divorce, or is that automatic also ?
Are parents automatically fit guardians ?
Do the parents become the benificiary of half of the marriage assests because of the divorce ? Do they get to keep these assets even if THEY turn around and decide to have the patient taken off life support ?
You may want to consider also that you are NOT restoring some "right" to the patient as a patient with no parents would not have this "right".
What you ARE doing is creating a new "right" for parents to interfere IF they wish in a marriage.