Capitol Heights, MD asked in Family Law for Maryland

Q: currently separated from my husband. He has a girlfriend. If has given her medical power of attorney do I have rights

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1 Lawyer Answer
Cedulie Renee Laumann
Cedulie Renee Laumann
  • Crownsville, MD
  • Licensed in Maryland

A: People are free to designate whomever they want as their health care power of attorney, regardless of their marital status, and legally the named agent has authority to communicate with doctors, etc. Obviously it could be very awkward if a wife (or husband) names a paramour while still married, but there is no law requiring that a spouse be designated as the health care agent.

Separation does not sever the marriage in the eyes of the law, so a spouse generally retains whatever legal rights they had when the parties lived together, unless a separation agreement or divorce decree changes those rights.

While not legal advice, I hope that this general information helps address the topic.

Marie-Yves Nadine Jean-Baptiste agrees with this answer

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