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Kalish Law Texas

Divorce, Probate, Business Law- The Woodlands Kalish Law

(281) 363-3700
(281) 363-3700
  • Practice Areas
    • Family Law
    • Divorce
    • Divorcio
    • Adoption: International and Domestic
    • Collaborative Divorce
    • Wills, Estate Planning and Probate Law
    • Business Law
    • Legal Services for Health Care Professionals
    • Real Estate Law
  • Mediation
  • Our Team
    • Bob Kalish
    • Sio Ramirez Pitre
  • FAQ’s
  • Legal Blog
  • Contact Us
You are here: Home / Legal Blog / What happens if you become Ill or Injured while your Divorce is Pending

What happens if you become Ill or Injured while your Divorce is Pending

May 2, 2016 By Kalish Law Office

So.. you’ve filed for divorce.  You are certain that the marriage cannot be saved.

If something were to happen to you after your divorce is filed, but before it becomes final, what would happen?  Who would make the medical decisions if you couldn’t speak for yourself?

In Texas, there is no such thing as a “legal separation”. You are either married, or you aren’t.

Let’s explore what would happen if you were ill or injured and unable to speak for yourself.

FIRST SCENARIO:

Do you already have a Health Care Power of Attorney or other such paperwork in effect? If so, have you appointed your spouse to speak for you?  If the answer is “yes”, you should know that those documents are in effect until they are legally withdrawn or replaced.  So, if you have named your spouse, legally that is who would still be able to speak for you.

However, in the above situation, your “alternate” who is listed in your current documents or your other adult family members may bring it to the attention of the doctors and hospital that you are in the process of divorce and that they wish to speak for you instead. Of course, the health care facility would need to perform their own “due diligence” and “risk management” and look into the facts and legalities of your situation, and quickly.

But meanwhile, time is passing.    And you are in a critical situation. Someone has to be able to step up and make that important decision about whether or not the surgery is going to proceed that may save your life….  Result? Will your spouse or another be your “voice”?  It depends on the situation…

SECOND SCENARIO:

In the second scenario, you are unable to speak for yourself, but you have no paperwork in effect.   However, your spouse is still your spouse, and there can still be a delay while your spouse is contacted, the legalities and practicalities of the situation are sorted out, and the health care providers are comfortable that they have the proper persons(s) making decisions.  Final result? It will depend on the circumstances and facts of each situation.  Who will it be?

BEST SCENARIO:

In the best scenario your health care power of attorney (as well as your durable power of attorney for conducting day-to-day financial business) is current.  That means that you have signed a current document that names someone other than the person that you are currently divorcing as the proper person to make decisions or conduct business for you when you are unable to do so for yourself. There are no surprises and no guesswork.

UNCOMMON SITUATION:

What if you still want your spouse to speak for you, despite the fact that your marriage is ending? You have two choices a) do nothing or b) sign a new document or addendum that confirms your choice of your spouse as your agent, despite the fact that you are divorcing. This removes guesswork, assures the health care providers that they will not be facing legal liability for honoring your choice, and puts other family members at ease. Otherwise, you are putting your spouse in a difficult situation and precious time may still be wasted.

We advise all of our divorce clients to consider allowing us to update their Health Care Powers of Attorney and Durable Power of Attorney documents when they file for divorce.

“Passionate, Professional and Personal. We Make the Difference.” Kalish Law Office has been serving businesses and families since 1984.

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Filed Under: Legal Blog Tagged With: abogado, agent, can my spouse speak for me if I am in a coma, death, directive, disability, divorce, health care, hospital, illness, injury, Kalish, law, legal separation, power of attorney, Texas, The Woodlands

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3 Grogan’s Park Dr., Ste. 200
The Woodlands, TX 77380

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Kalish Law Texas

3 Grogan's Park Dr.
Ste. 200
The Woodlands, Texas 77380
Phone: 281-363-3700

Se habla español

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Sonnya Spires
Sonnya Spires
13:52 15 Nov 22
Kalish Law Firm handled our estate planning. The whole team is very professional and friendly. Special thanks to Ms Maggie Gonzalez she was so patient and made us feel very comfortable. We would gladly recommend Kalish Law Firm.
Emma Kiper
Emma Kiper
01:37 26 Oct 22
Very happy with Kalish Law Firm redid our will. They listened and explained our options for estate planning would definitely recommend.
John Hardey
John Hardey
20:24 14 Sep 22
Sio and her staff are very professional and experienced. They did an awesome job for me and I highly recommend them.
ana teresa caravante
ana teresa caravante
17:06 29 Aug 22
We were satisfied with the service we received . If you ever need their services we recommend them.
Kevin Martin
Kevin Martin
01:41 26 Feb 22
Here's some background- I'm the father of 2 fantastic kids, who’s mother is in law enforcement. I came to Sio desperate for help to modify my standard custody order in MoCo- seeking more time with my kids, more decision making authority, and the ability to hold my ex accountable to making choices that will benefit our kids and give them everything that they deserve.As a father, nobody believed this was possible. I had friends and family tell me I didn’t stand a chance. I even consulted with a different attorney once who refused my case, claiming fathers only win if there’s abuse or drugs involved. Then I found Sio…From day 1, Sio treated me as a parent- not “just a father”. Though she acknowledged that my case would be a battle, she never doubted what I was fighting for. Sio and her team were understanding and patient throughout this stressful time in my life, and took their time to help me understand the complicated family court processes. In the end, she DELIVERED. I was able to creatively modify my custody order to provide an arrangement that will truly serve my children.If you’re a good father looking to provide a good life for your kids, call Sio
Lovebug13
Lovebug13
02:37 19 Feb 22
Sio was my Lawyer her team amazing. They keep me update on any information about my case . They explained everything to me step by step. my case was successful. In any case make sure have all your documents and facts together.Thanks,Ladies and Kalish Law for all your hard work!
michelle stern
michelle stern
02:47 08 Jan 22
Sio was attentive and very responsive and supportive. I highly recommend her for any family law needs. Excellent service!
michael gordon
michael gordon
20:06 21 Dec 21
Estate planning, Last Will and Testament…Good people, professional and courteous.
Gabby Snyder
Gabby Snyder
13:36 01 Dec 21
Excellent Legal Representation, timely, efficient and very cost effective! Family based firm with strong & experienced staff of attorneys and paralegals. Mrs. Sio Petri has provided 5 star service for any of my legal needs! Our family travels from Beaumont Tx to the Woodlands because we are so impressed with this firm! Highly recommend!
Maria Colindres
Maria Colindres
01:48 01 Dec 21
I have the honor and pleasure to recommend the law firm KALISH LAW OFFICE and its incredible professional legal team. The lawyer SIO RAMIREZ PITRE is an excellent lawyer with an experience, Efficiency, responsibility, honesty and with a great professional approach that advises you at all times and In all aspects in your process, with her incredible and professional paralegal team who are constantly aware of your case in a responsible way, they are very responsible. Thank you MIRNA RAMIREZ, MAGGIE GONZALES, ADILENE RODRIGUEZ, for all your great work and legal advice and thank you Attorney SIO RAMOREZ PITRE for your dedication and commitment which exceeds all the required standards. I am more than grateful, very satisfied with your services ... May God always guide you to help all people that require your great work, it is my pleasure to give my recommendations to this great law firm Kalish Law Office and its team that is very Committed to help everyone.Thank you for all your support ..
Betty Jimenez
Betty Jimenez
22:05 12 Nov 21
Kalish Law Firm has been amazing with my legal needs.Mrs Sio Ramirez Pitre represented me for my divorce.Speacial thanks to Mrs Sio.Their team of lawyers, MR Bob Kalish and Mrs Laura Kalish as well as the entire staff, Paralegal Myrna Ramirez , Addy, and Maggie , all are efficient,,well informed,They always have the best interest in mind, the client and family in legal terms. I strongly recommend their legal skills.They will work hard for you.Thank you so much Kalish Law Firm.
Caitlyn Gambino
Caitlyn Gambino
20:06 12 Jun 21
This office was so professional, friendly, prompt, and detailed. They helped me with my issue and I will definitely contact them again for any future legal needs!
Dr Greg Alex
Dr Greg Alex
15:19 10 Jun 21
Probably the most complete and succinct law mind in the world will be working with you as they have with me. Bob Kalish He’s a consummate professional, and a winner through and through. Achieve your ends with confidence.
Marcy Halterman, D.C.
Marcy Halterman, D.C.
00:15 10 Jun 21
Kalish Law was a big help not only in aiding in the preparation to sell a business, but also with making sure all the dots were crossed for our estate planning needs. They make sure you understand everything and exhibit a true desire to make sure they have taken care of your legal needs. I recommend them highly!
Nancy Poblenz
Nancy Poblenz
22:55 06 Jun 21
Firm handled wills for my husband and me -they were knowledgable and answered all our questions very patiently. Bob Kalish and his team also advised us on need for durable power of attorney and guided us through the process of considering end of life issues such as DNR. Overall, very pleased with the service, the turnaround time for our documents was excellent and they were prepared exactly as we wanted.
L Fisher
L Fisher
00:40 21 Aug 20
I don't recommend Kalish Law to represent you in your divorce hearing. My case was dismissed for numerous reasons. Paperwork not being filed on time, and a missed notary seal. I never once received in a yr and half an invoice. After requesting a refund, her team sent me a bill for almost 8k! DO NOT HIRE THIS FIRM! My money was completely wasted. Oh let us not forget my child support was also dismissed as well. AGAIN DO NOT HIRE THIS FIRM!
Andrea Lau Luarca
Andrea Lau Luarca
21:22 28 Aug 19
I used Kalish Law Services I believe a year or two ago. Sio, represented me during my child support/visitation with the father of my children that was highly difficult. She discussed all the possibilities and was very explanatory on how the process would go. She was straight forward and to the point. No time wasted. I was very pleased in how my experience went with everything and the great communication sio and her staff had with me. I would use their services again if the opportunity did arise. I do highly recommend them. They are so great.
Steve Horn
Steve Horn
15:10 05 Aug 19
Bob Kalish and his team worked hard to help me with my issues.
Ashley Gonzalez
Ashley Gonzalez
22:13 15 Jun 17
Sio has been representing me for the past year and a half. She has been understanding and has truly gone above and beyond for me and my children. I would highly recommend her for any family court cases you may have going on. Sio is the best when it comes to standing up and defending her clients. Her assistants Ann and Myrna have also been wonderful answering all of my questions and emails right away. Thank you guys so much!
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