is an existing advanced directive for health automatically revoked upon marriage

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is an existing advanced directive for health automatically revoked upon marriage

a living will directive for health care has been prepared and signed before
marriage but is it automatically revoked upon subsequent marriage

Asked on December 19, 2017 under Estate Planning, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not revoked automatically. Even though being married gives a spouse substantial rights in regards to his/her spouse, such as to make medical decisions in some cases, or to encumber him/her to certain debts, or to inherit property, a person can also designate non-spouses to have those rights by things like advanced directives, powers of attorneys, and wills, and those documents--and the authority or rights they grant--are NOT revoked by marriage since they can exist alongside marriage. For example, you can be married but still give a trusted friend or sibling a power of attorney to act for you, or will most of your property to someone other than your spouse. Similarly, an advanced directive is not automatically revoked by a subsequent marriage, though the person making it could revoke it if he/she chose.


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