Health Care Surrogate and Living Will
Key Points
  • If you have a health care power of attorney and living will and your spouse or ex-spouse is your designated person to make decisions on your behalf, you may want to update these documents during and after divorce.
  • Just because you are in a divorce, that does not mean those documents are void. Make sure part of the discussion with your lawyer is about updating your estate planning documents.

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.

Suggested Reading
Divorce & Money: How to Make the Best Financial Decisions
This book is a practical guide to evaluating assets during divorce. It explains how to determine the real value of marital property including houses, businesses, retirement plans and investments and how to negotiate a settlement that is fair to both sides.

Authors: Violet Woodhouse & Dale Fetherling

Related Article Archives
Financial Planning & Divorce
Property & Debt Division
Property Valuations
Insurance & Divorce
Premarital Agreements
Private Investigation
Tax Aspects
    All Article Archives

Related Categories
Divorce, Dollars & Debt
Divorce Financial Planning
Divorce Negotiation
Insurance & Divorce
Pensions & Divorce
Surviving Divorce
Taxes & Divorce
    All Categories
Related Forums
Financial Aspects
Property & Debt
Tax Aspects
    All Forums

Resources & Tools

Bookstore Promotion Discount

Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.
REMEMBER THE CHILDREN -- A young couple with children should always remember that both of them could die at the same time in an accident. Most lawyers recommend the election of primary, secondary and tertiary beneficiaries.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Featured Book Fair Share Divorce for Women

Fair Share Divorce for Women

Fair Share Divorce for Women


Featured Download Life Insurance and Divorce

Life Insurance and Divorce

Life Insurance and Divorce

Start Reaching Potential Clients Through Divorce Source. Learn More

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"