Does a Living Will and Advance Directives have to be changed
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Does a Living Will and Advance Directives have to be changed
if it was originally in a maiden name? My Living Will was written before my wife and I married, so it is in her maiden name. I am having surgery and want to put it on file with the hospital and it would take to long to change the paperwork. If I have her legal name change document is that sufficient to still honor the will and advance directives?
Thank you
Melissa
From Mobile, Alabama
Asked on August 28, 2019 under Estate Planning, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Yes, the legal name change document will suffice legally, since it shows that "Jane Doe Maiden Name" and "Jane Married Name" are one and the same person; that is, it lets the hospital rely on the Living Will and Advance Directive while being comfortable that because they have received and reviewed all pertinent paperwork, they will not be liable. All that is necessary is to be able to prove that the person named is the one exercising the authority or power.
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