• 22
  • October
    2011

When a spouse becomes injured in an accident of any kind and becomes incapacitated or in other words unable to make any medical decisions, his or her other spouse is the legal decision maker. Whether the couple is married for two days or 20 years, the same rule applies.

Same sex marriage is not currently recognized in Florida. A same sex partner does not have a legal say in the medical care of their partner, only the next closest relative in the legal pecking order would. Same sex couples do have another option. A power of attorney - or health care directive - can allow a same sex partner to make medical decisions for their spouse.

In April of 2010, President Barack Obama signed a memorandum that instructs hospitals funded with federal money across the nation to acknowledge the verbal request of a patient who declares a certain individual their "decision maker." This would work well when and if the patient can think straight or speak to their doctors in order to say a name.

A memorandum, while highly influential when signed by the president, is not a codified law. If you have a legal power of attorney the hospital will be forced to listen.

If you are a homosexual Florida resident who has a partner who understands your wishes, it may be a good idea to have a discussion with an attorney about drafting a power of attorney. An attorney can help raise possible problems or issues and navigate solutions that work for you.

Source: The Olympian, "Medical emergencies show importance of power of attorney for couples," Oct. 19, 2011