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You can, of course, appoint your spouse as your health care proxy, but you should also appoint an alternate in case you and your spouse are both incapacitated. Without a health care proxy, your doctors will turn to your family to make your decisions, probably your spouse first.
If you are legally married, your spouse is already designated by law to speak on your behalf if you become incapacitated. (UNLESS, you choose someone else through using a medical power of attorney form.) In all other cases, you should choose someone to designate as your Health Care Power of Attorney.
It can be tempting for partners or spouses to choose the other partner or spouse their attorney. However, it's important to consider who would be able to act if both spouses/partners are incapacitated at the same time. A spouse often needs legal authority to act for the other through a power of attorney.
As long as you are mentally competent when you created a medical power of attorney (POA) and followed state laws regarding the content and execution of the document, no one, not even your spouse, has the right to overrule your choices.
Yes. If you and your spouse are informally or legally separated, the spouse may still be able to make medical decisions on your behalf prior to your divorce. There is no case law on this issue. A health cares directive or power of attorney appoints one person as the decision maker.
You can, of course, appoint your spouse as your health care proxy, but you should also appoint an alternate in case you and your spouse are both incapacitated. Without a health care proxy, your doctors will turn to your family to make your decisions, probably your spouse first.
A Health Care Proxy is the document where you appoint your Health Care Agent. A spouse or family member does NOT automatically have the legal authority to make decisions for you, unless appointed in a Health Care Proxy.
When You are Unable to Make the Decision Due to illness or injury, you may not be able to state your wishes about CPR. In this case: If your doctor has already written a DNR order at your request, your family may not override it. You may have named someone to speak for you, such as a health care agent.
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