If you married through common law or informal marriage, do you have the right to make decisions for a dying spouse?

UPDATED: Oct 21, 2012

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If you married through common law or informal marriage, do you have the right to make decisions for a dying spouse?

Asked on October 21, 2012 under Family Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the state that recognizes common law marriages one common law spouse has the right to make decisions for a dying common law spouse absent any medical power of attorney that may be in effect. However, in a state that does not recognize a common law marriage, the "partner" of the dying "spouse" does not have the right to make decisions for him or her absent a valid power of attorney signed by the dying person.


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