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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36350
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I am divorced from my first husband. We have a daughter

Customer Question

I am divorced from my first husband. We have a daughter together who is now 38 years old. She is mentally and physically disabled. We are both married again. I would like to write something up that states clearly that we equally share in her medical decisions. My ex sometimes makes appointments for her and consults with doctors without my knowledge. If I write a document myself and we both sign it and have it notarized will that stand in a court of law? Also, do we need to file that document with the courthouse in the county we reside in?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Deb,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

You asked: If I write a document myself and we both sign it and have it notarized will that stand in a court of law? Also, do we need to file that document with the courthouse in the county we reside in? No, that kind of a document will not be enforceable in court.

As your daughter is an adult, unless one or both of you have been appointed as your daughter's Legal Guardian, then she is deemed competent and whatever either of you convince her to do is up to you. A contract between you as parents will not change that fact.

What needs to be done is that you and your ex need to petition the Probate court in the county where your daughter resides to be appointed as her joint Legal Guardians and then you can ask the court as part of the order to mandate that there be discussion between the two of you when it comes to medical care and other major life decisions.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Thanks in advance,

Doug

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