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 Ray Your Own Question
Ray, Lawyer
Category: Legal
Satisfied Customers: 41555
Experience:  30 years in civil, probate, real estate, elder law
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Legal
Expert:  Ray replied 2 years 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.
Expert:  Ray replied 2 years ago.
Here is the Texas law I reference where you can challenge her claim to common law and force her to prove it.
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 2 years ago.
Mr. Ray was helpful.
Expert:  Ray replied 2 years ago.
Thanks again ,if you can leave positive rating it is always much appreciated.