Legal Question in Family Law in Florida
My father in law was very ill, he was in the hospital and then was transported to hospice. My question is if he & his wife were divorced at this time, does she have the authority to make that decision or should it had been his next of kin?
4 Answers from Attorneys
Depends if he had a Living Will or a Health Care Surrogate document.
What Mr McCall said. If he had a document naming his ex-wife as the person who is delegated to make the decision, then the document controls. But if not - if there is no document giving anyone the legal authority to make that decision, it should not have been made by her, absent agreement from his next of kin.
If your father in law did not change the health care surrogate after his divorce, the ex spouse still has the right.
Hopefully upon the entry of the divorce he changed his advance directive documents. It would not make sense for a former spouse to have such authority.
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