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Answers to your pressing legal queries from our panel of specialists
Q: What should I do if my child is injured due to another child’s carelessness, but that child’s family is our good friend?
A: This is a common scenario that presents legal and ethical dilemmas. The emotional weight of filing a claim against a friend can be heavy, but there are instances when a claim may be justified. It’s crucial to determine the cause of the incident—was there negligence involved? If negligence is established, this opens the door for potential claims against the other child or their parent.
The severity of the child’s injuries and the potential long-lasting effects—including medical expenses and pain and suffering—are key considerations. Fortunately, in many cases, the other family might have some form of insurance—like homeowners or auto insurance—that could cover the damages if they are found liable. While pursuing a claim against friends can feel uncomfortable, it’s important to remember that it is often the insurance company that will ultimately handle the payments.
Deciding whether to file a claim is typically a personal choice that involves more than legal factors. As parents, we owe it to our children to ensure their protection, even if that means navigating uncomfortable situations.
– Robert L. Chaiken, Chaiken & Chaiken, P.C.
Q: My daughter just turned 18 and will be going to college soon. She has heard from her friends about needing to sign legal documents. What does she need, and why?
A: Many parents are surprised to learn that upon turning 18, they no longer have the legal right to access their child’s medical information or make decisions regarding their healthcare. This issue often surfaces when a child is at college and experiences an illness or injury, leaving parents trying to communicate with medical professionals across the country to receive updates and obtain medical records.
Parents also face challenges when dealing with business affairs for their independent child, such as issues related to apartment leases or school records while traveling abroad.
To prevent these issues, certain legal documents can be vital. A Medical Power of Attorney enables parents to make healthcare decisions on behalf of their child when they are unable to do so. Additionally, a HIPAA Release form permits parents to access their child’s medical records. Some attorneys may also recommend that the child create a Medical Directive that allows them to specify their wishes regarding life-sustaining treatments should they face a terminal condition.
Furthermore, a Statutory Durable Power of Attorney is important for giving parents the authority to manage business matters for their child. This document designates the parents as agents who can act on behalf of their child in various situations. Some parents even wonder if their child should prepare a will, which should be evaluated based on individual circumstances.
Remember that these documents must satisfy specific legal requirements. Most estate planning attorneys can draft these essential documents for a reasonable fee. If your child plans to attend college out of state, consulting an attorney familiar with the laws in that jurisdiction is advisable since legal requirements can differ from state to state.
– Corinne Frank, Law Offices of Mirliss and Frank, PLLC
Q: My 26-year-old daughter is engaged, and her fiancé has asked her to sign a prenuptial agreement. What does this involve, and should there be any concerns?
A: Prenuptial agreements are increasingly common and serve to redefine what the law would typically dictate regarding asset division in the event of a divorce. To grasp their implications, it’s essential to understand community property versus separate property. In Texas, community property (essentially, assets belonging to the marriage) will be divided if a divorce occurs, while separate property will remain with the individual it belongs to.
Separate property commonly includes:
- Assets owned before the marriage
- Gifts obtained during the marriage (including gifts from the spouse)
- Inherited assets
With some exceptions, income generated from separate property generally becomes community property. The primary aim of a prenuptial agreement is often to keep community property classified as separate property, meaning that if your daughter’s fiancé has a successful career or owns a business, he will likely want their agreement to stipulate that his income from work or business endeavors remain his separate property. Otherwise, it could be subject to division under Texas law.
The agreement might also include more complex provisions, such as conditions tied to the marriage duration or having children. However, overly complicated agreements can create difficulties in enforcement later on. To be enforceable, such agreements must be documented in writing and signed by both parties.
There is nothing inherently wrong with prenuptial agreements as long as everyone is aware of the implications of what they are giving up and receiving. It’s essential for your daughter to have a clear understanding of her fiancé’s financial situation and debts, and it’s also crucial that she involves her own attorney when drafting and reviewing the agreement.
– Jeffrey Anderson, Orsinger, Nelson, Downing and Anderson, LLP
Have a legal question? Email your inquiries to Tricia@GoodLifeFamilyMag.com
THE EXPERTS
PERSONAL INJURY/MEDICAL LIABILITY
Robert Chaiken
Rob Chaiken is a Texas State Bar member and admitted to practice in various U.S. District Courts across Texas and the Fifth Circuit Court of Appeals. Recognized as a Texas Monthly Super Lawyer—an honor bestowed upon less than 5% of Texas lawyers—he holds the highest AV rating from Martindale Hubbell. Rob is an active lecturer and represents Texas in the Child Injury Network, focusing on child safety and legal advocacy when needed.
FAMILY LAW
Jeffrey Anderson
Jeffrey Anderson joined Orsinger, Nelson, Downing and Anderson, LLP in 2012 after 17 years of running his firm, The Anderson Law Group. He focuses exclusively on Family Law litigation and its improvement. Jeff is Board Certified in Family Law by the Texas Board of Legal Specialization and a Fellow of the American Academy of Matrimonial Lawyers. He has regularly been included in the Texas Super Lawyers list and consistently recognized as one of D Magazine’s Best Lawyers in Dallas.
ESTATE PLANNING AND PROBATE
Corinne Frank
Corinne Gallant Frank is an attorney with Law Offices of Mirliss and Frank, PLLC, serving clients in Dallas and surrounding counties since 2014. A graduate of The University of Texas School of Law in 1991, she lives in Plano with her family and actively volunteers with a pro bono legal services organization and her local community.
