AIDS and the Law Page: 18 of 24
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AIDS AND THE IAW
If you do not execute a Directive to Physicians or a Health Care Power of
Attorney, and are unable to make health care decisions, your doctor or
hospital will ask your "next of kin" to make these decisions. A same-sex
partner is not currently considered "next of kin" and would have no
legal authority to make decisions on your behalf unless you execute a
Health Care Power of Attorney that names your partner as the Attorney-
in-Fact.
What is probate?
Probate is the procedure used to prove: (1) that your will was actually
your last will: (2) that you were of sound mind when you signed it; and
(3) that it was signed before two witnesses. The court will determine if
your will is valid and appoint an Executor or Administrator of your
estate. Probate is also the process of administering your debts, funeral
expenses, expenses of administration and taxes and determining who
owns your property following your death. The probate process can be
lengthy and frustrating, but with the help of an attorney you can often
transfer your property by avoiding probate. If you need an attorney's
advice on probate, you can call the Texas Human Rights Foundation for
a referral.
HOUSING
What happens if I cannot pay my rent?
If you get behind on your rent, your landlord may seize any of your
luxury, nonexempt goods (such as television or stereo) and hold them
until you pay the rent. The standard Texas Apartment Association lease
allows the landlord to do this without court action. If you have no lease
or no such provision in your lease, seizure requires a court order. Your
landlord may also evict you. You should consult with an attorney as
soon as any moves have been made to evict you.
Can the landlord shut off my utilities or lock me out for nonpayment
of rent?PAGE 18
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/18/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.