QUESTION
Do I get a power of attorney or a last will in testament?
Asked on Jun 21st, 2016 on Wills and Probate - Texas
More details to this question:
I want to give full control of all my accounts and belongings to one of my children and I also want that same child to be able to make medical decisions on my behalf if i can't do so on my own and be able to make all decisions after my death including my cremation. I'm married but have been separated for over a decade and don't want my child to have to fight with the man I'm married to over decisions regarding me.
1 ANSWER
Kevin Spencer
You need to give your child control via a Durable Power of Attorney and a Medical Power of Attorney, properly executed. The latter can be given to your child immediately or the authority can spring into existence WHEN you lose your capacity. You can also specifically disqualify your husband from serving in that capacity.
You also need to prepare a Will that excludes your spouse from inheriting anything from you.
The best advice to you is to immediately get divorced. You will still need to sign the cited documents, but a divorce will eliminate the spouse from all of these issues.
Sincerely,
Kevin Spencer
www.spencerlawpc.com
Answered on Jul 16th, 2016 at 7:54 AM