Generally the sacraments are closed to those who are remarried without an annulment but I’ve often wondered if this is also true for the anointing of the sick? Given that it is traditionally given to those close to death, I tend to think that it would be reasonable to allow this sacrament to be open to them.
It seem to be available when unconscious or irrational, otherwise a confession is made on the spot. This is according to
Comparative Sacramental Discipline in the CCEO and CIC, Canon Law Society of America, 2003, there are requirements for reception of this sacrament. The section in the book on The Sacramental Mysteries of Healing is written by the Very Rev. Francis J. Marini, J.D., J.C.O.D.
(CCEO is the eastern Catholic canon law and CIC is the Latin Catholic canon law.)
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E. The recipient of the Mystery – CCEO cc 737.1 and 740 (CIC cc. 998; 1006 and 1007) explains that there are three requirements:1) that the sick person be a member of the Christian Faithful (
christifideles), i.e., a baptized person;
2) that the sick person be “gravely ill” (
morbo gravi affecti); and
3) that the sick person be “sincerely contrite” (
corde [que] contriti).
… The third requirement of being “sincerely contrite” reflects the authentic tradition of the Church which regards the Mystery of the Anointing of the Sick as preapatory for death, and therefore requires that the recipient have true contrition, much as the Mystery of Penance.
… It is unclear how the requirement of sincere repentance specified in CCEO c. 737.1 can be met as to either an unconscious or irrational person; … the intent of the canon that such persons be anointed is clear. The correlative provision to CCEO c. 737.1 in the Latin code is CIC c. 998 which establishes only two requirements for the sacrament of the Anointing of the Sick:
- that the sick person be a member of the faithful (not the Christian Faithful), i.e., be a Catholic; and
- that the sick person bey “dangerously ill” (periculose aegrotantes);
there is no mention of a requirement of sincere contrition as in CCEO 737.1, although such a requirement can reasonably be implied from the provisions of CIC c. 1007 that “the Anointing of the Sick is not to be conferred upon those who persevere obstinately in manifest grave sin.”
The requirement of being a Catholic is not absolute as has been pointed out in the discussion of CCEO c. 738.
The requirement that the sick person be “dangerously ill” is essentially the same standard as the “gravely ill” standard of the CCEO.
… Naturally the prudent pastoral practice under CIC c. 1006 would be to be very liberal in finding an implicit request in all situations except those in which the sick person, while in control of his or her faculties definitively expressed an intention to refuse the sacrament under any circumstances."