How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 99430
Experience:  Fully licensed attorney in Texas in private practice.
Type Your Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My brother was stabbed by his wife, who is now in custody.

Customer Question

My brother was stabbed by his wife, who is now in custody. My brother is now in a brain-dead state. His sons have been told by my brother's doctor that they have the right to remove life support. Does his wife has any rights as to keeping my brother alive?
Submitted: 1 month ago.
Category: Estate Law
Expert:  Ely replied 1 month ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Without a medical power of attorney or living will, the default succession law falls to immediate family. First, the spouse, then the children or parents.

However if the spouse is the one that caused the medical state, then she is disqualified as the immediate relative who makes medical decisions. As such, she should have no right to make any medical decisions for your brother due to her actions. If necessary, a Court can formally void her ability to make such a decision if his sons or you file to formally invalidate her as the "next" in line to make medical decisions.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Related Estate Law Questions