Changing your health care proxy after a divorce or legal separation.

DAVIDOWLAW Blog Post

Dear Clients and Friends:
Questions come up about estate planning documents and divorce all the time, like this one:
CLIENT QUESTION:
I have a question I am hoping you can help me with. In 2017 (1/12/2017) my soon-to-be ex-husband and I completed a health care proxy with your firm. We have just signed our final divorce paperwork last night. It still needs to be sent to the courts and officially signed. I know this will take quite a bit of time (the mediators said anywhere from 4-6 months) to be an official divorce.  However, I would like to have him taken off my healthcare proxy as soon as possible. Is it possible to adjust everything at this time or do I have to wait until the divorce is actually made official by the courts to update this information? I just do not feel comfortable having him listed as someone who is responsible for making decisions for me at this point.
MY RESPONSE:
I don’t blame you for wanting to change your health care proxy right away. If he is mad enough he may want you to linger a little longer! 😊 The good news is that you do not have to wait to replace him. You can execute a new health care proxy replacing him at any time. A spouse has no absolute right to be your health care proxy and can not stop you from changing it whenever the mood hits you.  In fact, click here for a direct link to the free health care proxy form that we offer on our website, www.davidowlaw.com. As a public service, we are providing this health care proxy form to you free of charge and encourage all of you to use it and share this information with your friends and loved ones.
As an aside, I want you all to know that divorce or even a valid separation agreement, AUTOMATICALLY removes the ex-spouse or soon-to-be ex-spouse from your health care proxy and other documents. But why wait? Get rid of him today!
I hope this helps! Please forward this information to your friends and relatives to share these informative answers to some very commonly asked questions.
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As always, please send me your questions. If you are thinking about it, others are probably too, so my answers will no doubt help you and many others.
Let’s stay connected.
Stay safe!
Until next time,
peace, health, and happiness,
Lawrence Eric Davidow