KalishLawTexas' legal blog The Woodlands

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3 Nov 2011

When your Spouse, Partner or Loved One is Seriously ill
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Unfortunately, a serious illness makes us think about unpleasant things. “What will happen if my spouse or loved one dies?”, “Should I ask him/her about her final wishes now?”, “How will I handle the business side of things if s/he is unable to do so, or if s/he doesn’t recover?”

Often the person who is “well” feels guilty for these thoughts and may try to push them away. But they come creeping back because these are very real issues.

If you are caring for a loved one who is seriously ill, you are probably exhausted. You are trying to visit and take care of your loved one and may be working full-time, taking care of a home, and/or business and still trying to remain “upbeat”. You may feel guilty for thinking about the “practical side” of things and may hesitate to bring it up or seek help.

Be assured that you are not alone. These feelings and worries are normal.

Here are some ways to help you gain peace of mind.
1. Gather personal information: If you have access to your loved one's will and health care directives, take a look at them (especially the health care directive, and especially if you are named as a health care agent). Since illness and death are unpleasant subjects, no one likes to talk about them and it is not uncommon for people to be unsure of whether or not their spouse/partner has these documents, or to forget where they are located.
2. Gather legal facts: Don’t hesitate to contact an attorney to ask about the laws that may relate to your situation. If your loved one is likely to be ill for quite a while or is unlikely to recover, it may relieve your stress to have knowledge about what to expect legally.
3. If you are in a “non-traditional” or complicated situation and are unsure of your legal/financial status, you should ask for a legal consultation or do some research on your own. Some examples of these situations are: step-family situations and long-term partners who have chosen not to be legally married or who are unable to be legally married. Another complicated situation may arise when you have to run a business for the person who is ill but are not sure that you have the legal authority to do so.
Gaining additional knowledge can help you because at least you will know what you are dealing with and how to face it.

Kalish Law Office- The Woodlands, Texas: Probate, Family and Business Law. Since 1984. Passionate, Professional and Personal. We Make the Difference.

281-363-3700
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23 May 2011

Why You Need a Guardianship for Your Child in Your Will
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If you have (a) minor child(ren), you need to make provisions for their care in your Will.

Guardianship provisions specify who you would like to raise your children in the event that something happens to you.

I cannot emphasize this strongly enough, if you have a minor child do NOT put off this important step.
Here are some common family situations, and how a guardianship can help deal with them:
1. The parents of the child are married to each other. In the event that you and your spouse are the parents of the child, the two of you will want to talk to each other and agree on who you would like to raise the children if something happens to the two of you. You should also have an alternate person (or married couple). Flexibility is important, as most people don’t update their wills yearly and you never know what someone’s the location, work situation or health situation will be in the future.
2. The parents of the child are divorced, or have never been married and both are involved in the child’s life. Your last will and testament will most likely specify that your ex will raise the child if you are not around, and then will name alternates.
3. The parents of the child are not together and the child’s other parent is absent, irresponsible, or dangerous for the child to be around. It is crucial that you make your wishes known and designate a guardian for your child. Your properly drafted and executed will gives the named guardian a leg to stand on when asking a judge to grant the guardianship of your child. (Which may or may not be granted, depending on the circumstances and evidence). However, if you say or do nothing, your child could end up in a sad situation if you are not around.
4. Too many relatives want to raise your child. A child who is well loved by many family members may end up feeling torn and feeling responsible for hurting the feelings of loved ones. Your clear, unambiguous designation of a guardian will prevent this.
5. Your “logical” choices live in another state, or another country. You may not want to even consider that your child could lose his/her friends, pets, school and neighborhood right after losing a parent. Your written instructions in your will may help prevent that.
6. A properly executed will gives guidance to law enforcement and child protective services as to where a child should be placed immediately in case of emergency.
In many cases, the best guardian(s) for the child is a wonderful and responsible parent and friend, but not so great with financial matters. You can designate a separate person(s), bank or firm to be guardian of your child’s funds.

Having a valid, executed Texas will is one of the most important acts of love and concern that you can do for the benefit of your child.
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19 Jul 2010

Why Should you Have a Power of Attorney for Health Care? Kalish Law Blog
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A Power of Attorney for Health Care, sometimes called a “Medical Power of Attorney” is a legal document signed by a person who understands what s/he is signing, while s/he is still able to make his/her own decisions (i.e. is competent). This document allows you to name someone as your agent to make medical decisions on your behalf in the event you become incapacitated and are no longer unable to make your own medical decisions.

A Medical Power of Attorney is sometimes confused with a similar legal document called an “Advanced Medical Directive” or “Living Will.” While both of these documents pertain to your health care needs, they actually serve different purposes. The Medical Power of Attorney gives your agent the authority to make medical decisions for you based on his/her best judgment. In contrast, the Advanced Medical Directive gives your agent the authority to carry out the directions you have provided in advance, in regard to how you would like your medical situation to be handled in the event you could only survive upon receiving artificial life-sustaining treatment. Additionally, you can specify directions about whether you would allow an autopsy or use of experimental procedures. This allows you to give instructions to your physicians and family members well in advance.

Having a written Advanced Medical Directive is also a kind thing to do for your family, because it takes the guesswork out of the situation, making the decision as to artificial life-sustaining treatment less burdensome. Your loved ones will have clear, written instructions, which were signed by you. These directives are helpful to medical personnel and facilities for the same reason.

Drafting the directive will force you to sit down and decide how you feel about certain issues that people tend to want to put off thinking about. Once these decisions are made and the forms are signed there is always a feeling of relief and accomplishment.

One very important aspect of both Medical Powers of Attorney and Advanced Medical Directives involves your ability to choose the person or persons who you would like to speak for you (i.e. your agent). This is especially helpful for persons who are in long-term relationships that are not legally recognized. (For instance long-term partners who are unable to marry or who choose not to marry or persons who are “like parent and child” but have never pursued a formal adoption).

At Kalish Law Office, we have 26 years of experience in estate planning matters, including Medical Powers of Attorney and Advanced Medical Directives, as well as other legal areas which help individuals, families and businesses plan for the future. At our firm there are attorneys with a background in health care as well as an attorneys and staff who are fluent in both English and Spanish.

Don’t put off taking care of this important issue!
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KalishLawTexas' legal blog The Woodlands

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3 Nov 2011

When your Spouse, Partner or Loved One is Seriously ill

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23 May 2011

Why You Need a Guardianship for Your Child in Your Will

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19 Jul 2010

Why Should you Have a Power of Attorney for Health Care? Kalish Law Blog

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