Does a Living Will and Advance Directives have to be changed

UPDATED: Oct 2, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 2, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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
From Mobile, Alabama

Asked on August 28, 2019 under Estate Planning, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption