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KimberlyLaw
KimberlyLaw, Lawyer and Real Estate Broker
Category: Family Law
Satisfied Customers: 4215
Experience:  13 years of experience practicing law.
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Husband has been estranged years, unable to locate, wife is

Customer Question

husband has been estranged for 12 years, unable to locate, wife is expected to pass away anytime, she has been living with someone for 10 years and has a 9 year old daughter, wife has 3 adult daughters. in the event there is a decision to make regarding her well being, who is the one that can make decisions and is there any legal obligations on the estranged husband who can not be located?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: not that i can think of at the moment
Submitted: 9 months ago.
Category: Family Law
Expert:  KimberlyLaw replied 9 months ago.

Hello, my name is ***** ***** I am an attorney. I am working on answering your question and will be right back.

Thanks

Kim

Expert:  KimberlyLaw replied 9 months ago.

If there is an issue that needs to be determined such as medical care or decisions on behalf of the wife, and she is unable to do so, they will ask the children if the husband is not around.

It is possible for one of the children to get guardianship if the mother is not in a condition to make decisions for herself, but that is a legal process that could take months.

As far as any obligations of the husband, I am not sure specifically what you refer to, so if you would like to provide more detail I'll see if I can help with that. I can not think of any obligations he would have off hand if he is not involved in her life regarding end of life decisions.

Please let me know if you have any questions about this.

Thank you

Kim

Customer: replied 9 months ago.
For example if wife is on life support and there needs to be a decision to take her off, who is the one to make that decision since the husband is unable to locate? also is adult daughters able to get a power of attorney over her to be able to make decisions while in hospital?
Customer: replied 9 months ago.
Also does the person she has been living with for 10 years and has a child with have any legal authority over her?
Expert:  KimberlyLaw replied 9 months ago.

Ok, so I answered most of this above, but will clarify.

If she is on life support and a medical decision needs to be made the doctors will ask the daughters because the husband can not be reached.

The power of attorney would have to be granted by the wife, so she would have to agree, and that would only allow for the daughters to sign documents regarding her affairs, it doesn't give them guardianship.

The person the wife is living with would have no say or legal authority over her.

Kim

Expert:  KimberlyLaw replied 9 months ago.

Hello, this is Kim, the attorney who assisted you yesterday.

I didn't see any follow up questions for you and this question is still open.

I am online today if you have any questions about the above. If not, please do rank my answer with positive feedback, so that I get credit for my work with you.

Thanks so much and take care,

Kim

Expert:  KimberlyLaw replied 9 months ago.

Hello, This is Kim, the attorney who assisted you last week.

I see that this question is still open. Please go ahead and rate my answer with positive feedback. The top three ratings will make sure that I get credit for my work with you.

Thanks so much and take care,

Kim