is an existing advanced directive for health automatically revoked upon marriage

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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.

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