Thankfully, Lamar Odom appears to be making a complete recovery after being found unconscious at Love Ranch outside of Pahrump, Nevada. But for a time his condition was precarious and the outlook for recovery grim. Although Odom and Khloe Kardashian had filed for divorce in 2013, they had not finalized the matter and are still legally married. Furthermore, it appears that Odom had not executed a new Healthcare Power of Attorney which meant that doctors had to look to Kardashian for direction regarding his medical treatment.
If they thought about it, my guess is that most people would not want their soon-to-be-ex making life and death decisions about their medical treatment. But most people don’t think about it.
I meet with people all the time who are in the midst of a divorce that’s spiraling out of control. They’ve spent thousands of dollars fighting in court and are desperately looking for a way to stop the bleeding, so they come to our office for help. Mediation and Collaborative Law offer a solution to the insanity of court costs and legal fees.
When I meet with these people, one of the questions I ask is, “Who holds your Healthcare Power of Attorney?” This question is often met with a blank stare.
“What do you mean?”
I repeat my question a different way: “If you were in the hospital and could not speak for yourself, who would the doctor turn to for guidance?”
“My parents?” is a common response.
“Great,” I respond, “so you’ve got a signed Healthcare Power of Attorney naming your parents?”
“No,” is the usual answer.
“Well in that case, your soon-to-be-ex has that power. And if you don’t have an interim Estate Plan, they’ll also inherit your share of the property. Is that okay with you?”
Healthcare Powers of Attorney are an important part of any complete Estate Plan, but Estate Plans need to be kept current, and during a divorce, interim planning is critical. But just as people put off Estate Planning, they put off interim planning as well.
If your Estate Plan is out-of-date, update it now. If you don’t have an Estate Plan, get one right away, but don’t do it “on the cheap.” I recently got a sad call from the long-time companion of an elderly gentleman who’d passed. He’d used an online “trust mill” to draft an Estate Plan. His intentions were that his companion could stay in the house for the rest of her life and after she passed, everything would go to his kids. By saving money on a cheap plan, he inadvertently bypassed her and she got nothing.
For Lamar Odom, things seem to have worked out okay. Others are not that lucky. If you’re going through a divorce, talk to your attorney about interim Estate Planning. If you’re going through the “divorce from hell” talk to a Mediator or Collaborative Attorney about putting an end to the madness.
Thanks for reading,
Ty Supancic
Ty@thelawcollaborative.com
T: 818-348-6700
F: 818-348-6700
