If you want to help your ex-spouse with their medical decisions, it can be challenging. After a divorce, legal rights change, and an ex-spouse may no longer have the authority to make healthcare decisions unless designated by a medical power of attorney.
There are situations where couples, although divorced, help each other, especially with medical decisions. But how much someone can help with their ex-spouse’s medical issues and care depends on what legal documents are in place.
Recently, singer Kelly Clarkson postponed her Las Vegas shows to help her family cope with her ex-spouse’s (and her children’s father) battle with cancer.
Clarkson announced on Instagram, “While I normally keep my personal life private, this past year, my children’s father has been ill and at this moment, I need to be fully present for them.” It seems that she wants to focus on her children’s needs during this difficult time. Depending on her relationship with her ex-husband, she may have been involved in managing his medical affairs.
Unfortunately, her ex-spouse, Brandon Blackstock, passed away from cancer on August 7, 2025. Clarkson's decision to pause her Las Vegas residency highlights how people can help their ex-spouses with serious medical issues.
Who Can Make Medical Decisions for You When You Can’t?
In situations where you are injured, in a coma, or otherwise unable to communicate your medical wishes, healthcare providers may look to your next-of-kin to make medical decisions. Many states have next-of-kin statutes that list the people who can make medical decisions for another. For example, a doctor or hospital may consult with a spouse, domestic partner, or adult family member.
However, if you divorce, a medical professional will not consult your ex-spouse as your rights as a married couple terminate.
There is a similar issue for unmarried couples or loved ones who are not “next-of-kin.” If you do not name each other in a health care power of attorney, you may not be able to get information or help with medical decision-making.
What Is a Health Care Power of Attorney?
A health care power of attorney is a legal document in which someone names an agent to make medical decisions on their behalf when they cannot communicate their wishes. The agent may talk to doctors, get medical records, and handle medical care, treatment options, surgeries, and end-of-life care decisions. This is particularly helpful when HIPAA regulations restrict the sharing of medical information.
A health care power of attorney is also known as a medical power of attorney. Some power of attorney documents not only appoint an agent as the decision-maker but also include instructions about medical treatments and preferences and end-of-life care. These documents are called health care directives, living wills, or advance directives.
How Do Health Care Power of Attorneys Work With Married Couples?
Typically, married couples name each other as their healthcare agent. However, if they divorce, they may want to change their healthcare agent from their former spouse.
In many states, a healthcare power of attorney designating a spouse as an agent is automatically revoked. That is because a divorce terminates legal rights among spouses.
However, depending on your state law, your ex-spouse may remain your health care agent even after your divorce unless you expressly revoke it. This could create legal issues where a husband may retain decision-making authority over his ex-wife if she is incapacitated, or vice versa.
Do You Want Your Ex-Spouse To Continue as Your Health Care Agent?
After a divorce, it is critical to review your designations of who can make decisions for you if you are incapacitated. Every family situation is unique, and you must decide if you want your former spouse to still be in charge of your healthcare or name someone else. Typically, a family law attorney may do this after your divorce. However, you may also want legal advice from a local estate planning attorney to ensure your wishes are honored.
Related Resources
- Unmarried Partners, Medical Directives and the Durable Power of Attorney for Finances (FindLaw's Learn About the Law)
- Five Estate Planning Moves To Make After Divorce (FindLaw's Law and Daily Life)
- Create Your Own Estate Planning Documents (DIY Estate Planning Forms)
