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Q

Can I make medical decisions for my spouse without legal paperwork?

A

No, you must have a Health Care Proxy. No matter how long you have been married to your spouse, you still do not have the legal right to make medical decisions for your spouse according to New York State Law without a Health Care Proxy.

Q

What is a Guardianship and when would I need to apply for one?

A

If you have a Power of Attorney or Health Care Proxy over your spouse or parent then you do not need a Guardianship. However, if you don’t have a Power of Attorney or Health Care Proxy and Medical and/or Financial decisions need to be made, then you need to Petition the court to either become a Guardian or appoint a 3rd party Guardian. It is often a timely and costly process and is easily avoidable if one has executed a Power of Attorney or Health Care Proxy.



Disclaimer: The above questions are for informational purposes only. Absolut Care Facilities Management, LLC. (Absolut) has attempted to ensure that the above questions contain correct and accurate information; however Absolut assumes no responsibility for the accuracy of the information.


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