Marriage and Health Care Rights

With marriage currently in the headlines in New York, and as a follow-up on our previous caregivers post, it's a good time to take a look at spouses and health care. Legally, there are differences between marriage, civil unions, health care proxies, next-of-kin, power of attorney, etc. There are differences between state and federal laws, and laws vary from state to state. Since we're New Yorkers, and most of our patients are too, we'll focus on New York in-state rights for married couples.

- You can make emergency medical decisions for your spouse if they are unable to make their own decisions. Talk to your husband or wife about what they would want if they had an accident, their breathing suddenly got worse, or they're in the hospital and the doctor recommends they be intubated. Knowing how your spouse feels will help you make a decision if necessary.

 - You can visit your spouse and your non-biological children in the hospital or nursing home. If your husband or wife, step-children, adopted children etc end up in the hospital, you will be able to visit them during time designated for family members.

- You have access to your spouse's employer-sponsored health insurance. Married couples can take out insurance from the husband's employer, the wife's employer, or both. Talk to your human resources department about what are often called "special life events" which include adding a new spouse or a new baby to your health insurance.

- You have the right to live with your spouse in a nursing home. There are well-reported cases of elderly unmarried couples being separated, even when they have power of attorney for each other's health care needs and are named in each others' wills. Married couples should not face this problem.

- You have the right to make funeral arrangements for your spouse. If you lose your husband or wife you are legally authorised to make funerary and final resting place decisions for them.


It should be noted that for gay couples married under the recently passed New York State legislation, these rights may not extend beyond state borders. If, for example, a spouse is hospitalized while on an out-of-state vacation, their husband/wife's right to make health care decisions may not be recognized. Since marriage recognition is a current issue, the list of states and countries where rights are granted is changing. Also note that federal statutes, such as the Family Medical Leave Act, does not afford coverage to gay couples even in states where gay marriage is recognized, because gay marriage is not recognized at the federal level.