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Health care proxy after divorce in MA

I have a health care proxy that names my former wife as my health care agent. We divorced after I executed the proxy. So does that mean that my alternate agent (my sister) is now my agent? I was told that is what would happen under MA law.

Editor's Response

No, that is not correct.  Massachusetts General Laws Chapter 201D, Section 7 is very specific on this point:

 

A health care proxy shall also be revoked upon: (i) execution by the principal of a subsequent health care proxy, or (ii) the divorce or legal separation of the principal and his spouse, where the spouse is the principal’s agent under a health care proxy.

 

Accordingly, if you are divorced or even separated from your wife, and she had been named as your health care agent, technically, you no longer have a health care proxy.  So, you need to execute a new proxy that names your sister or someone else as your agent. Hope that helps.  For lots more information about health care proxies, visit our MA Elder Law Discussion Forum.

 

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