Sunday, July 12, 2009

How do I divorce my adult child so that she cannot have a say in my health/assets if I become incapacitated

How do I divorce my adult child so that she cannot have a say in my health/assets if I become incapacitated?
I am estranged from my adult daughter and I do not want her suddenly appearing if I am incapacitated and making health decisions for me or involving herself in my assets. I want her to have no rights whatsoever where I am concerned. I know its sad but I need to prepare for this possibility. Thanks
Marriage & Divorce - 10 Answers

Random Answers, Critics, Comments, Opinions :
1 :
You best see a lawyer and make a living will.
2 :
Living Will designating the person that will be in charge. This does happen.
3 :
Write her out of your will. If you don't have a will, make one and detail that she will have not part of taking care of you or your property.
4 :
contact a lawyer and have a living will drawn up. state your wishes and have it notarized. it will hold up in court should anything happen to you. also, you may want to name a power of attorney or a medical power of attorney.
5 :
Assign those rights, LEGALLY, to someone else. Do it now, while you're not incapacitated so it can't be contested later. Depending on what the lawyer advises, you may want to spell out somewhere in no uncertain terms that you want her to have no say in your affairs.
6 :
You need to both get a living will and designate someone other than her to have "power of attorney"
7 :
Create a living will naming who you would want to take care of you and your positions in case you are not capable of making decisions for yourself. You would need a lawyer for this. I would also make a video tape saying who and why you want this person to be in charge instead of your daughter. If you do this now no one can say you were not in your right mind.
8 :
Skip the "Make a Will" BS idea. See an attorney and have a Revocable Trust set up, with a pour over will set in place. This allows your assets to evade Probate. It allows you to appoint a trustee in the event of being incapacitated, who will act ONLY on your behalf. It can be a living relative, or an attorney...or anyone you trust. Wills that have to be probated are for dumb@$$e$. Especially if you have healthy savings/assets, that you wish to pass on to another party or charity.
9 :
You don't have to divorce your daughter, just make out a will and appoint someone other than her and also have a back up person. Also make note in the will that you want her to have nothing to do with anything.
10 :
Create a Living Will in order to specify what sort of treatment you want in the event that you become incapacitated. You can also give someone your Medical Power of Attorney (like a regular Power of Attorney, but it applies to medical decisions, rather than financial ones) so that person will be the one to make decisions for you if you are incapacitated. http://www.lawdepot.com/contracts/living-will/

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