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  #1  
Old 11-02-2007, 07:05 PM
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Next of Kin

What is the name of your state? Arizona

My husband and I have been seperated for about two months. He is an alcoholic and he cant seem to decide if he wants a divorce or if he wants to try counseling so I am in limbo for now. My question is this: Since this situation does not seem to be going in any real direction at the moment, and in light of his substance abuse, I DO NOT want him in the role of next of kin in the event that I am incapacitated. If I appoint a MPOA will that override any attempt made by him to make medical decisions on my behalf? Or, am I going to have to file for divorce or even a legal seperation?

I appreciate any advice. Thanks.
  #2  
Old 11-02-2007, 07:21 PM
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Location: South Cackalacky
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Quote:
Originally Posted by ICURN View Post
What is the name of your state? Arizona

My husband and I have been seperated for about two months. He is an alcoholic and he cant seem to decide if he wants a divorce or if he wants to try counseling so I am in limbo for now. My question is this: Since this situation does not seem to be going in any real direction at the moment, and in light of his substance abuse, I DO NOT want him in the role of next of kin in the event that I am incapacitated. If I appoint a MPOA will that override any attempt made by him to make medical decisions on my behalf? Or, am I going to have to file for divorce or even a legal seperation?

I appreciate any advice. Thanks.
The MPOA won't work, unless he approves it.
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  #3  
Old 11-02-2007, 07:41 PM
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Originally Posted by moburkes View Post
The MPOA won't work, unless he approves it.
I don't know if you are correct on that. I think that she should consult with a local attorney on that issue. If the MPOA were worded correctly, it might fly.
  #4  
Old 11-02-2007, 08:55 PM
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Location: South Cackalacky
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It looks like you're right...
[url]http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=36[/url]
Chapter 32, Article 2...
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Originally Posted by arazi
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  #5  
Old 11-03-2007, 12:48 PM
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I looked up the statute you referred to, but Im still not sure if his current status as my "husband" would trump my MPOA. I will go ahead and find a local attorney that might know. Thanks.
  #6  
Old 11-03-2007, 02:29 PM
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Do YOU want to stay married? If not - go for the divorce.
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

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