Legal Question in Family Law in Texas

How does one obtain power of attoney...in the presence of medial complication in a marriage...where the spouse is disable due to cancer of the brain...and is dillisional..and self deprecating...refusing his meds will not eat nor drink...and has stated to the medical community that he wants to die...


Asked on 1/31/10, 11:12 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You may be too late.

A person must be legally competent to sign legal documents.

Plus, a power of attorney can be revoked by the person at any time. Therefore, even if you had one, it might not "work" now.

I urge you to talk to a probate/estate planning attorney immediately. Or, an attorney that does a lot of elder law. It is definately work the cost of a consultation.

If he's in the hospital, perhaps the hospital can refer you to someone.

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Answered on 2/06/10, 12:57 pm


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