After divorce, what happens to medical and durable powers of attorney? – Houston Chronicle

insurance

Q. My husband and I divorced last year. He has not changed his medical or durable powers of attorney, both of which name me as the primary agent. He has dementia and needs to be in a memory care facility. His son is the alternate agent, but he lives in another state and is dealing with his wife’s cancer diagnosis. Do I still have the power of attorney? Am I authorized to arrange for his care?
A. Under Texas law, your authority as agent under your husband’s durable power of attorney and your husband’s medical power of attorney terminated when your divorce became final.
The only exception would be if either document contains language providing that you are to continue serving as agent even if the two of you get divorced. Such a provision would be highly unusual in either document.
If your ex-husband’s son has no time to act as agent, he can let you do all of the legwork, and all he’ll have to do is sign when needed.
On HoustonChronicle.com: Answers to your legal questions
Q. My mother bought mineral rights in Texas many years ago. I receive royalties from some of these holdings but I don’t know for sure if there are other ones I might have inherited. I don’t even know the exact locations of the ones that are currently paying royalties. Can an attorney write a document that would keep all of my mineral interests out of probate when I die? Also, is the latest version of the Transfer on Death Deed on TexasLawHelp.org acceptable for passing a house or land without a will?
A. To avoid probate, an attorney would need to know what all of your assets are and where they are located. If you are unable to provide that information, then it is not possible to fund a revocable trust or properly complete a Transfer on Death Deed.
When lawyers prepare revocable trusts, they often also prepare a general assignment form which attempts to place everything you own into the trust. The purpose of this form is to deal with assets just like you described, and it might work following your death if mineral interests are later found. However, a form like this should not be relied upon to transfer properties to a revocable trust.
There is no statutory Transfer on Death Deed form in Texas. (There was a form several years ago, but it was repealed because it was so poorly written and confusing. The Texas legislature tasked the Texas Supreme Court with developing a new one, but no such form has yet been created.) Accordingly, the form which is available on the website you referenced should work, if it is properly completed and recorded.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.
Ronald Lipman, of Houston law firm Lipman & Associates, is board certified in estate planning and probate law by the Texas Board of Legal Specialization. The information in his column is intended to provide a general understanding of the law, not as legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
As executives bask in the glow of short-term profits – much of them driven by Russia’s war against Ukraine – the oil industry faces the same long-term challenges that have threatened its future in recent years.
By Kyra Buckley

source

Leave a Reply

Your email address will not be published.