QUESTION

Can ex-husband make medical decisions for ex-wife with minor child and no other living family?

Asked on Dec 02nd, 2019 on Guardianship and Conservatorship - Florida
More details to this question:
In state of Florida: Patient is incapable to make further medical decisions for them self. Next of kin is minor child with ex-husband and no other relatives. Can Ex-husband make decisions for her?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
An exspouse has no legal authority unless the wife named him agent under a Medical Power of Attoney with that agency to survive the divorce.  It is not true that she has no other relatives, though they may be distant and unknown to you.  In some states, at some point either clergy or the hospital ethics committee could speak for her.  Contact a local elder law attorney to determine what Florida law provides.  You might use the Find a Lawyer function on he website of the National Academy of Elder Law Attorneys (www.naela.org)
Answered on Dec 03rd, 2019 at 5:41 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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