Estate Planning & Divorce: Health Care Surrogate and Living Will:
(Provided by: Stephen D. Dunegan, Esq.)
Married individuals who are considering divorce should review their estate plans to determine if they remain appropriate in light of the possible divorce. Remember that the law considers you to be legally married until the judge signs the final dissolution decree ending the marriage.
Many people have signed a Designation of Health Care Surrogate (also known as a Health Care Power of Attorney) and a Living Will which designate their spouse as the person to make their health related decisions, including the decision to "pull the plug" in the event of a terminal illness. In most states if you have not designated someone in writing to make your health-related decisions, your spouse is automatically appointed to make those decisions. If you are in the throes of a bitter divorce, do you really want you estranged spouse deciding whether you live or die? If you no longer wish your spouse to have control over those decisions, you should immediately execute a new Designation of Health Care Surrogate and, if applicable, a Living Will. You should consult with a qualified estate planning attorney to make sure your designation of health care surrogate and living will comply with your state s laws.Go to: Estate Planning & Divorce Informational Section
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