Anthony Bourdain was separated from his wife when he passed away in 2018, leaving all funeral decisions and arrangements to her. He and his estranged wife enjoyed a harmonious co-parenting arrangement and Bourdain saw no reason to damage it with a divorce. Permanent amicable separations, like Bourdain’s, are becoming more common and so are situations like his. However, making arrangements after a separation, like a Health Care Directive or Proxy, will place more control of unexpected events in your hands according to a recent article.
When a spouse dies while permanently separated it can lead to a host of legal issues. Spousal rights remain in a separation, ranging from Social Security benefits to inheritance rights to health care. However, during a separation or divorce proceedings you can create or make a change to a Health Care Directive without being required to name your spouse. A Health Care Directive will specify actions to be taken regarding your health if you are at any time physically or mentally unable to make decisions yourself.
If you opt to create a Health Care Directive, communicate with your spouse and family and distribute copies to anyone who might need them, so everyone is – literally – on the same page.
With divorce can come related issues surrounding finance, estate planning and more. Our work with clients includes referrals to many other trusted and reputable professionals. Contact the Albany divorce and family attorneys at LaClair & DeLuca. Call us at (518) 650-8861, or email admin@laclairdeluca.com.