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Living Wills FAQs

Will my living will ever expire?

Your living will remains effective for as long as you live, unless you intentionally revoke it or the courts get involved (e.g., someone challenges whether you had capacity to make the document, or a court questions whether your document meets the state's requirements). Generally, court intervention into these matters is rare and limited.

If you named your spouse as your healthcare agent and you get divorced, some states will consider the appointment revoked. If you listed an alternate agent, he or she will take over. In any event, it may be a good idea to create a new living will after your divorce, so there will be no confusion.