Next of Kin

[ICURN]

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.

 

[moburkes]

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.

 

[LdiJ]

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.

 

[moburkes]

It looks like you're right...
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=36
Chapter 32, Article 2...

 

[ICURN]

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.

 

[Zigner]

Do YOU want to stay married? If not - go for the divorce.