If my partner and I are living together but he is still married to someone else, what do we have to do so that in case of an emergency I’m able to see him in the hospital and/or make medical decisions?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my partner and I are living together but he is still married to someone else, what do we have to do so that in case of an emergency I’m able to see him in the hospital and/or make medical decisions?

He is still legally married and not separated but we have been together for 3 years. Are we allowed to notarize any kind of document? Also, what can we do so that all that we owe together I/he will have after my/his death?

Asked on February 10, 2016 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have a couple of different needs that will have to be handled with different documents.
The first is emergency situations and medical decisions:  You can each execute medical power's of directives and medical powers of attorneys.  The medical power of attorney will give you the expess right to make certain medical decisions... thereby insuring your ability to be present if something goes wrong.  After these documents are executed, you should leave copies wiht any medical providers so that they will be on notice of their existence.
Division of property is trickier:  You can each execute wills that provide what you would like the other to receive.  However, there will be a limitation... which is that everything your partner earns right now is considered community property and your partner cannot gift you more than his share of the community estate.  If your partner does, then you are at risk of your partner's spouse coming in and challenging the validity of the will.   Your partner really needs to file for divorce, settle up the community estate, and then execute a new will.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption