Legal question (Full Version)

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shadevarr -> Legal question (7/19/2007 5:29:18 PM)

I am already expecting to get some flak for asking this but I do sincerely hope to get a few answers as well.  What needs to be done to legally (in texas) represent your slave in financial/legal/medical matters?




KatyLied -> RE: Legal question (7/19/2007 5:32:06 PM)

I think you are asking about a POA (Power of Attorney), there are different types, that's all I know.




shadevarr -> RE: Legal question (7/19/2007 5:35:17 PM)

I've looked into POA and it confuses me a bit hence why I wanted some clarification or another solution.




AquaticSub -> RE: Legal question (7/19/2007 5:35:24 PM)

quote:

ORIGINAL: shadevarr

I am already expecting to get some flak for asking this but I do sincerely hope to get a few answers as well.  What needs to be done to legally (in texas) represent your slave in financial/legal/medical matters?


I would assume become their legal guardian. Having her sign over power of attorney may help, but a kink-friendly lawyer should be consulted first. That way they understand what they are doing and so that steps can be taken to ensure her well-being should you get sick of her and the well-being of any children that may arise. As far as I am aware, this not a reversible, or at least not easily reversible thing. For some situations, the slave may have to be declared mentally incompetent, which will affect her for the rest of her life.

I strongly advise speaking to a lawyer so that you realize the burdens you are shouldering and that she understands exactly what she is doing. Otherwise, do what works for you. Wouldn't for me, but hey... some people juggle geese. [:)]




KatyLied -> RE: Legal question (7/19/2007 5:39:19 PM)

Honestly, you'd be better served by talking to an attorny who specializes in family (or would it be estate) law than to ask a group of semi-clueless message board people.




shadevarr -> RE: Legal question (7/19/2007 5:39:49 PM)

I x'ed legal guardianship due to the mental/physical incompetent aspects. Just looking for options that I may have overlooked mostly and thanks to both katylied and aquaticsub for being so helpful.




ELUSIVE1 -> RE: Legal question (7/19/2007 5:41:06 PM)

quote:

ORIGINAL: AquaticSub

quote:

ORIGINAL: shadevarr

I am already expecting to get some flak for asking this but I do sincerely hope to get a few answers as well.  What needs to be done to legally (in texas) represent your slave in financial/legal/medical matters?


I would assume become their legal guardian. Having her sign over power of attorney may help, but a kink-friendly lawyer should be consulted first. That way they understand what they are doing and so that steps can be taken to ensure her well-being should you get sick of her and the well-being of any children that may arise. As far as I am aware, this not a reversible, or at least not easily reversible thing. For some situations, the slave may have to be declared mentally incompetent, which will affect her for the rest of her life.

I strongly advise speaking to a lawyer so that you realize the burdens you are shouldering and that she understands exactly what she is doing. Otherwise, do what works for you. Wouldn't for me, but hey... some people juggle geese. [:)]
Like Aquatic said--look into KAP (kink aware professionals) usually there are a few lawyers listed per state...only they can legally advise you




KatyLied -> RE: Legal question (7/19/2007 5:45:02 PM)

If Emperor shows up he may be able to give more information.




aSlavesLife -> RE: Legal question (7/19/2007 5:47:23 PM)

quote:

ORIGINAL: KatyLied

Honestly, you'd be better served by talking to an attorny who specializes in family (or would it be estate) law than to ask a group of semi-clueless message board people.


Ayup, ya don't go to your mechanic to get a tooth pulled.

Here is a link that can help. They have lists of professionals in health care and in law that are kink friendly, divided up by state. Texas is on the list.

http://www.bannon.com/kap/

Owner of slave L




CelticPrince -> RE: Legal question (7/19/2007 5:48:48 PM)

shadevarr,

It depends on what you mean by represent! Texas as in most states will not allow someone to act as a member of the bar for someone else. You can guide her but she must appear as pro se in any court matters.

If you seek a POA then there are Judicial Counsel Forms available to you for Texas.

Be carefull the law lobby really goes after someone that attempts to practice law without a license.

Good Luck

CP




Celeste43 -> RE: Legal question (7/19/2007 8:23:16 PM)

Power of attorney means she authorizes you to sign things in her name. She can withdraw it at any time. If she becomes incompetent, then it is no longer valid. To permit you to handle her affairs if she's in a coma, for instance, you need a Durable power of attorney. However she can always withdraw that as long as she's competent.

Declaring someone mentally incompetent requires several doctors as well as guardians appointed by the court to make that determination. If she is incompetent, then she can't give consent and you go to jail for beating her. If she is, please don't waste the court's time.

You should make a will providing for her. You can hold medical proxy, meaning that you have the right to ask for a DNR order in extreme emergency but most hospitals will want to see a living will signed by her within one year before they'll follow it. One that's twenty years old won't be accepted.

Go see your lawyer and both of you sign these forms appointing each other. That way she can write out the electric bill off your checkbook if you're in the hospital with pneumonia.

As far as removing her rights, it isn't possible.




shadevarr -> RE: Legal question (7/19/2007 8:31:53 PM)

quote:

ORIGINAL: Celeste43

Power of attorney means she authorizes you to sign things in her name. She can withdraw it at any time. If she becomes incompetent, then it is no longer valid. To permit you to handle her affairs if she's in a coma, for instance, you need a Durable power of attorney. However she can always withdraw that as long as she's competent.

Declaring someone mentally incompetent requires several doctors as well as guardians appointed by the court to make that determination. If she is incompetent, then she can't give consent and you go to jail for beating her. If she is, please don't waste the court's time.

You should make a will providing for her. You can hold medical proxy, meaning that you have the right to ask for a DNR order in extreme emergency but most hospitals will want to see a living will signed by her within one year before they'll follow it. One that's twenty years old won't be accepted.

Go see your lawyer and both of you sign these forms appointing each other. That way she can write out the electric bill off your checkbook if you're in the hospital with pneumonia.

As far as removing her rights, it isn't possible.


Thank you, that gave me the direction I needed.




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