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Navigating divorce proceedings can be challenging, especially if you become incapacitated during the process. As an estate planning attorney, I often advise clients on the importance of divorce and incapacity protection to ensure their estate plans are robust and “divorce-proof.” In situations where you may be unable to advocate for yourself due to incapacity, it’s essential to have mechanisms in place for someone to step in on your behalf. Establishing a power of attorney is vital, as it allows a trusted individual to manage your affairs and keep the divorce process moving forward, even if you are 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 of 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 of attorney.
How can a medical power of attorney help you in the middle of a divorce?
Your medical power of 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 means 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 of 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 are powerful assets, especially during a divorce. Divorce and incapacity protection becomes crucial when anticipating the possibility of incapacitation during proceedings. By incorporating a power of attorney into your estate plan, you ensure that a trusted individual can step in and manage your affairs, including navigating the divorce process, if you become unable to do so yourself. This proactive approach safeguards your interests and ensures that decisions continue to be made in your best interest, even if you’re unable to advocate for 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 create your estate plan, consult with an experienced attorney. They can craft a solution that meets your unique needs and circumstances. This ensures that your affairs are managed effectively, even in unforeseen situations.
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!
Other Related Articles:
- How Does Incapacity Affect You During Your Divorce?
- Incapacity Before Your Divorce
- Planning For Incapacity: Powers Of Attorney and Advanced Directives In Texas
- What Does Estate Planning for First Responders and Military Look Like Compared to Civilians?
- 6 things You Need to Know Before You File for Divorce in Texas
- Supporting Disabled Spouses: A Guide to Spousal Maintenance in Texas
- Securing Your Legacy: Why Drafting a Will is Vital for Your Estate
- Military disability pay in a Texas divorce case
- Can my ex get half of my VA disability? (and other military divorce questions)
- Spousal Maintenance for a Disabled Spouse in Texas
