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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 102505
Experience:  Fully licensed attorney in Texas in private practice.
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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 year ago.
Category: Estate Law
Expert:  Ely replied 1 year 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.

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