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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36954
Experience:  30 years in civil, probate, real estate, elder law
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I have a brother who is basically on his death bed (massive

Customer Question

Hello. I have a brother who is basically on his death bed (massive stoke) months ago and now has blood clots on his lungs. His girlfriend who claims common law (Texas). They've been together 15 years???
Now that my brother is in a coma. What right does she have? Can she pull the plug on his life?
Do I have rights as his sister against her? Please clarify???
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
Here unless he has a medical POA or other document then the law if she is held to be the spouse to be the person with medical consent powers.However you can challenge this as his sister if you feel she does not meet the criteria for common law marriage.
In this case the Texas Consent to Medical Treatment Act (CMTA). It states that when a person is in the hospital or other limited care settings, certain people have automatic legal authority to make medical decisions when the patient is incapacitated.
If you challenge she will have to prove the marriage by showing the declaration of informal marriage, or if that does not exist, then 2) she has to file to become her court appointed Guardian.
You may be able to make her prove this or she would need a guardianship.Challenging the marriage is the way to go with the doctor and hospital here.You may be the closest relative if she cannot prove up her claim.
I appreciate the chance to help you tonight.I am so sorry about your brother.Please let me know if you have more follow up.Thanks again.
This is the Texas law on that.
http://www.mysanantonio.com/life/life_columnists/paul_premack/article/Paul-Premack-Can-a-common-law-spouse-make-781928.php
Expert:  Ray replied 1 year ago.
Here is the Texas law I reference where you can challenge her claim to common law and force her to prove it.
http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.313.htm
Thanks again for the chance to be of service.I wish you the best in all of this.I know it can be frustrating.
Customer: replied 1 year ago.
Mr. Ray was helpful.
Expert:  Ray replied 1 year ago.
Thanks again ,if you can leave positive rating it is always much appreciated.