LEGAL WRITES: DANA BROOKS

From the desk of

Dana Brooks

DANA@FASIGBROOKS.COM

GIRL, GET YOUR HOUSE IN ORDER…

Irecently tried to help a family desperate to ensure their brother’s end of life decisions were handled in accordance with his wishes. They explained to me that after several years of absolutely no contact or support of their brother, his estranged wife showed up at the hospital and demanded their brother/her husband be taken off life support, that the family have no contact with the patient, and that he be sent to hospice to die alone. Their brother had made it clear to his family that he wanted to die peacefully in his own home surrounded by loved ones, however, he never lawfully executed the appropriate legal documents to ensure his wishes were honored. Despite the desperate pleas from his family and all of the notes and documents they produced showing very clearly what their brother’s wishes were and despite how high up they went at the hospital, they were unable to prevail because their brother’s documents were not in order and he was still lawfully married. Regardless of how the parties spent their time, a lawful marriage carries significant weight. Conversely, even when a couple lives together and shares income and support for years, if they are not lawfully married, the law is not going to treat them as if they are. The documents the family produced looked like they were downloaded from a website, did not meet the minimal requirements, and were not executed in accordance with Florida law. In essence, they weren’t worth the paper they were printed on. The family had great difficulty accepting that the documents had no legal effect when they so clearly stated what their brother’s wishes were. This was especially painful given how hateful the estranged wife’s behavior was in keeping the family from seeing their brother as he lay dying alone in a hospital room. This is not unlike so many potential clients who contact me wanting to circumvent a contract they’ve entered into or provide additional information outside of the contract that they hope will nullify the provisions they agreed to in writing. I’m afraid it just doesn’t work that way. A legally executed contract binds the parties to the terms of the agreement, including how they should go about resolving any disagreements. Often contracts contain waivers of the right to sue in court and take the matter before a jury. It’s important to read every aspect of a contract before agreeing to it because you cannot later say you didn’t read or understand the terms or present additional evidence contrary to the contract. It is important to talk to an attorney before these crises occur. Contact a wills and estate attorney about executing healthcare surrogates, powers of attorney, and wills before you need them. Believe me, you do not want to put your loved ones through what this family suffered simply trying to ensure their loved one received the dignity and respect he deserved in his dying days. Get your house in order today.

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