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Yes, your spouse may be able to make your health care decisions before
divorce, absent a health care directive naming someone other than your
spouse.
Regardless of your marital status, you can execute an Advanced Medical
Directive (Health Care Power of Attorney) at any time to name anyone you
desire to act as your health care agent.
Health care professionals are required to follow the terms of your
written Health Care Power of Attorney, which provides your personal
guidelines and desires for treatment and specific authority for your
agent to act.
In the absence of a Health Care Power of Attorney, health care providers
will often look to your spouse to make your health care decisions before
your divorce.
Therefore, if you are contemplating divorce, you should review and/or
establish directives that protect your needs and desires in the event of
your disability.
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