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 RobertJDFL Your Own Question
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13752
Experience:  Experienced in multiple areas of the law.
Type Your Legal Question Here...
RobertJDFL is online now
A new question is answered every 9 seconds

I am a man and have been living together with a woman for over

This answer was rated:

I am a man and have been living together with a woman for over 15 years. in Houston Texas. I am 50 and she is 52. She was recently diagnosed with early alzeimers.

She has mid to large savings due to working for an oil company for about 28 years. She owns the home we live in. She has almost no immediate family. She has a brother in Canada who is a lawyer and some half sisters she found out say 10 years ago she had.She sees her brother and sisters about once per year.
I want to make sure she is provided for in the future. I also have some savings and can retire from my government job.
Some years go I asked her to marry me and she declined. I would like to have some control over her assets so at time she cannot make decisions I can make them for her. She is not in denial of her disease but I have not asked her to marry me after the diagnosis so I can have control of her assets. A friend at work recommended that I get married or get a power or attorney so I can have control of her asets instead of her distant relatives or a court.

If I were to ask her about marrying me again and if she were to say yes, will it be valid?
What do you recommend?
Thank you for your question.

Whether it would be valid or not depends on how far along her disease had progressed and if she were still competent at the time she answered you. Since she is in the very early stages of the disease, its very likely that at least right now, she would have a good understanding.

However, simply marrying her would not give you automatic control over her pre-marital assets. Certainly if she added you to her bank accounts, for example, you would have access, but otherwise she could still keep those assets separate and apart.

A better idea would be (if she is agreeable) having her execute a Power of Attorney which names you as her "agent" or "attorney in fact" to do things like manage her funds, pay her bills, etc. for her when she is not competent to do so. It would terminate upon her passing, and as her agent, and you would of course have a fiduciary duty to act in her best interest for her as her attorney in fact.
RobertJDFL and 2 other Legal Specialists are ready to help you