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Common Law Marriage and Power of Attorney

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BLSK

Junior Member
What is the name of your state (only U.S. law)? NY

My step-father is very ill in the hospital right now. He did not have a will or any type of written arrangement for if he were unable to make medical decisions for himself. He and my mom are "common law" married (been together 15 years). If it comes to the point where normally a spouse or relative needs to make his medical decisions, will the hospital honor their "marriage" and if so what should she have on hand for proof?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NY

My step-father is very ill in the hospital right now. He did not have a will or any type of written arrangement for if he were unable to make medical decisions for himself. He and my mom are "common law" married (been together 15 years). If it comes to the point where normally a spouse or relative needs to make his medical decisions, will the hospital honor their "marriage" and if so what should she have on hand for proof?
New York does not allow for common-law marriage.
 

FlyingRon

Senior Member
Even if they were married, it's not clear the hospital would honor her instructions.

He needs a advance medical directive, medical power of attorney, and perhaps a general power of attorney as well as a will.
If he is competent, I would see if I could get these drafted and signed before he is not.
 

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