Navigating divorce proceedings can be tumultuous, especially if you find yourself incapacitated during the process. As an estate planning attorney, I routinely advise clients on the importance of ensuring their estate plans are divorce-proof. Consider scenarios where you may be unable to advocate for yourself during divorce proceedings due to incapacitation. In such cases, having mechanisms in place for someone to step in on your behalf becomes crucial. Establishing a power of attorney is crucial, as it empowers a trusted individual to manage your affairs and drive the divorce proceedings forward if you become incapacitated.
Can your power of attorney file for a divorce for you?
Can your power of attorney finish a divorce that you have filed? What estate planning tools can you use in the middle of a divorce while your power of attorney, your durable power attorney will not be able to file for you? The power of attorney can hire an attorney for you.
This appointed power of attorney can collaborate with your attorney, ensuring that your wishes are upheld during the divorce process. They can negotiate on your behalf, communicate with the guardian, or oversee the division of marital assets to ensure it aligns with your preferences. You can also look at the medical power attorney.
How can a medical power attorney help you in the middle of a divorce?
Your medical power attorney can ensure it’s not that spouse you’re divorcing who will be making medical decisions for you.
If you have a medical power of attorney, then you can designate someone who’s not the divorcing spouse so if there’s a medical decision, you don’t have to worry about someone making a decision that’s not in your best interest. And I guarantee you sometimes in a divorce people get injured, people get sick and who is making those decisions? That same spouse you’re divorcing; therefore you can use a medical power of attorney along with the durable power of attorney to make sure while you’re going through this tumultuous part of your life, your estate planning tools are there to protect you.
What else can you use?
When I counsel my clients, some of them may be going through a divorce and I will say to them: Have you updated your beneficiaries on your wills? Have you updated the beneficiaries on your life insurance policies and so forth?
They will say to me; Oh Megone, the standing order says I can’t move things around. I can’t do those things. The standing order me say that. However, Texas Law says you can update your will during a divorce. Therefore, you can use your estate planning tools like your will, your durable power attorney, your medical power attorney and even a trust to make sure if, God forbid something should happen to you while you’re going through your divorce, your spouse will not leave holding 100% of all your assets.
Conclusion
Estate planning tools can be very powerful and it can be a very useful tool even if you’re going through a divorce. Safeguarding your interests during divorce proceedings involves anticipating potential incapacitation scenarios and preparing accordingly. By incorporating a power of attorney into your estate plan, you ensure that someone you trust can step in and navigate the divorce process on your behalf if you become unable to do so yourself.
This proactive approach not only provides peace of mind but also serves as a practical measure to protect your rights and interests during what can be a challenging and emotionally charged time. As you contemplate your estate plan, consider consulting with an experienced attorney to tailor a solution that addresses your unique needs and circumstances, ensuring that your affairs are managed effectively even in unforeseen circumstances.
Megone Trewick, our Lead Estate Planning, Probate, and Guardianship Attorney is ready and waiting to help you today.
Call our office at: 281-810-9760 to begin helping your loved ones’ today!
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- Securing Your Legacy: Why Drafting a Will is Vital for Your Estate
- Military disability pay in a Texas divorce case
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Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
