I'm In The Process Of A Divorce In Florida And I Have A Surgery Coming Up. Does My Soon To Be Ex-Spouse Get To Make Health Decisions For Me If Something Happens During The Surgery?
By law, if you are married, even if you are in the process of a divorce, your spouse is your next of kin and can make health care decisions for you. However, if you want someone else to make those decisions for you, you can execute legal documents that will remove that power from your spouse. What’s more, if you were to pass away during the divorce process, your spouse would even have power over making those arrangements.
During a divorce, many people choose to focus their attention on the divorce process with the idea that they will execute new legal documents later, after the divorce is finalized. This is not always wise - if you were to pass away or get involved in an accident or have a medical emergency, your spouse, who you may not have the best relationship with, will be the one in charge of your affairs rather than your adult children or your extended family members.
Recently, an NBA star and a reality TV star were in the process of a divorce when the NBA star overdosed. He ended up in a coma, and his estranged wife was put in charge of his medical decisions. If he had spoken with an attorney and executed proper legal documents, someone else could have been put in charge of his medical decisions.