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?
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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 8 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.
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