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Normally, yes. But it is a very good idea for both spouses to get a living will because you never know what the future will bring and you don't want to take a chance on being the next Terry Schiavo. Children don't have juristiction in medical decisions of their parents unless the one making the decision is found incompetent.

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Q: Are common law spouses recognized in Texas to make all medical decisions for the other spouse if there are grown children involved?
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