Planned Organ Donor

It is a scene that we see played out in EVERY medical drama on TV these days.  The doctor steps in the waiting room to speak to the anxious family and says, "He needs a XXXX transplant." (insert your organ of choice here) 

What you never see is a family respond with, "Ah, no thanks.  He isn't an organ donor, and it's not fair that he gets one when he isn't willing to give, so just let him die."  However, doesn't that seem like a fair response for someone that isn't willing to donate their own organs?

Here's another scenario that the medical dramas rarely depict, but it happens every day in America.  The doctor steps into the waiting room to speak to the anxious family and says, "I'm sorry.  We did everything we could.  Do you know his/her wishes on organ donation?" 

Spouses, Mothers, and Fathers are left to wonder what he/she would have wanted them to do because the deceased never said that they had a preference one way or the other.

By now, you're probably wondering, "Why is this lawyer babbling on and on about organ donation?  What does this have to do with the law?" 

Simply put, to ensure that your wishes on organ donation are known, you need to have it documented.  Your attorney can advise you on the most effective documents to preserve your preference and help you to draft and execute them so you don't have to leave your loved ones guessing when the time comes.

You might be considering a simple Will to distribute property and want to establish your organ donation preferences at the same time.  However, you shouldn't only have your organ donation preference in the Will because it usually isn't read during times of emergencies for medical instructions.

You might already have a Will and all you need is help with your organ donation documents.  You might even be considering a full-blown Estate Plan that you want to incorporate your organ donation preference into.  Whatever your wishes are, there is no time like the present.

Don't delay making your decision because very few people get to make this decision at the time the choice has to be made. 

***Special Thanks to John Reddin of Lubbock, Texas for helping choose today's topic, and to everyone else that participated in this week's Reader's Choice Poll on Facebook and Twitter.***

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Estate Management Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com 

(806) 318-8482 

www.MatthewHarrisLaw.com.

Right to Remain Silent?

Your Rights
One of the basic Constitutional Rights of every red-blooded American is the RIGHT to remain silent.  Ok, that's not the exact words used, but that is what you need to remember most importantly.  You have the right to remain silent, but what remains to be seen is whether you have the capacity.


Holiday Weekend

This weekend is Memorial Day weekend and many of you will partake in the time honored traditions of this holiday such as Barbequing, Boating, and Beer.  Some of you will even take part in the less honored tradition of doing one of the above 3 choices while driving.  


That's right, I'm talking about Drinking and Driving, or Driving While Intoxicated.  Although we're going to discuss interaction with law enforcement during a DWI encounter, remember that your rights remain the same regardless of the alleged crime.

The Investigation

We all know how it goes because we've all seen Cops from time to time, "License and Registration?"  "Do you know why I pulled you over?"  "Where are you coming from and where are you going?"  "How many drinks have you had tonight?"  


On TV, how many times have you heard them answer those questions?  NEARLY EVERY TIME!  Aren't you amazed at how many people are so willing to take that Constitutional Right, wad it up, and throw it away?

One important note here, though, is that you MUST identify yourself if you are asked by the police.  You MUST provide your vehicle documentation upon request (registration, insurance, etc.).  However, all of those other questions are meant to profile you and give the police probable cause to continue their investigation. 

What Else Would They Think?
Think about it, when they ask where you're coming from and you say that you are "headed home from the bar," then they probably suspect that you've been drinking.  


When they ask if you know why they pulled you over, and you say "it's because I was swerving a little back there," then they probably suspect that you've been drinking.  

When they ask you how many drinks you've had tonight, and you reply with any number above zero, then they probably suspect that you've had 3 drinks for every 1 that you admit to.

Do Not Feed the Bears
I am certain that you can tactfully avoid the officer's questions by asking him why he stopped you, or some other maneuver to keep him focused on the reason for the stop that does not include telling him all of the juicy details of your night.  I'm not going to give you a script to read during a stop.

My point is, you're not going to help their investigation, which ends with them putting you in jail, if you don't give them ammunition.  Trust me, during my time as a Reserve Police Officer, I was on the other side of this encounter and I knew what questions to ask and I knew who didn't know how to protect their rights.  It's not the police officer's job to protect and preserve your rights, that is your job and they know it.

Plan Ahead

Don't get me wrong, I am strongly opposed to drinking and driving and my legal advice to you is to don't do it, but just because you've been pulled over by the police doesn't mean that you have to give up your rights. 

Many people will die this weekend at the hands of drunk drivers, and I sincerely hope that one isn't at the hands of one of my readers, so catch a cab and sleep off your hangover in your bed instead of a jail cell.


Your Response

However, if you do find yourself under arrest, don't be afraid to: 

1. INFORM the officers that you are remaining silent (weird right?  Yes, you have to break your silence to tell them that you're remaining silent) 
2. REMAIN silent.  Don't just tell them you're staying silent and then start feeding them information.  
3. CALL an attorney.  An attorney can help protect your rights and serve as a shield from the police interrogation machine.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Criminal Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com.

Can I Adopt an Adult?

When you hear the word "adoption," the first image in your head is likely one that involves a small child being introduced into a new home.  Perhaps you imagine an aunt or a relative adopting a family member whose parent's need time to organize their lives.  But what we're talking about today are the adoptions of adults.  Yes, we are talking about grown-ups and not even necessarily adults with special needs.  Full-grown, fully capable members of the community that may even have children of their own already.

In today's world, it's a harsh reality that our society has a high divorce rate; 40-50% depending on the study.  After that divorce, about 75% of those couples remarry, not to each other; and most of those second marriages create a step-parent scenario for either mom, dad, or both. 

I'm not going to bore you with any more statistics or science (aka black magic) but ultimately, many children find themselves living more years with their step-parent than they did with their biological parent.  The same is also true with foster-parents.

After living most of their formative years with the step-parent, more and more children are finding that they have formed a stronger parent-child relationship with their step-parent than with their biological parent.  To further unite and strengthen the familial ties in infant situations, the families seek an adoption.  Many people do not realize that when a child turns 18 years old and is no longer a "child," adoption is still possible.

Just as with infants, step-parents seek adoption of their adult step-children to unite and strengthen their familial ties.  The adult children desire to legally cement the relationship with the step-parent that stepped in when their biological parent abandoned them instead of forever living under the shadow of an absent parent.  You're probably wondering what kind of paperwork nightmare pursuing such a solution might create.

In fact, the legalities behind processing the adoption of an adult are less complicated than the adoption of a minor child.  Our Courts focus on the "best interest of the child" and strive to protect those minor children that can't protect themselves.  However, with an adult there is little need for that protection since an adult can make his/her own decisions.  In this day and age, with all the choices we can make, why shouldn't you be able to decide whether the person that has always been there for you must preface their title with "step?"

Statistically speaking (okay, sorry I lied about not bringing it up again), it is most likely that you have a step-parent, you are a step-parent, or both.  For some, the above discussion about a bond with a step-parent being stronger than with the biological parent is simply unimaginable, but for many of you, I've just described your parental relationship to a tee. 

If you want more information about an Adult-Adoption, whether you're the "child," the step-parent, or the foster-parent, contact your attorney to find out what steps you need to take to get started.  No attorney can tell you if this is the right decision for you and your family, but your attorney should ensure that you are able to make an informed decision once you know your options.  

***Special Thanks to those that participated in the poll for this Reader-Selected Entry on Facebook and Twitter, especially Kama Lawrence, J.D., for being the first voter***

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Family Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com 

(806) 318-8482 

www.MatthewHarrisLaw.com

Do I Need a Will?

One of the most common legal questions asked of me is, “Do I need a Will?”  It’s a very simple question, and my very simple reply is, “I don’t know, do you?”  Sounds painfully vague doesn’t it?  Well it really depends on what type of person you are.  I’ve devised a simple test to see if you would benefit from writing a Will.  Choose which one suits you the best:

A)    I trust the government to know what’s best for my property after I pass away and I trust that they will distribute my property to my family members equally and fairly.

B)    I’ve worked hard to earn everything I own and I want certain friends and family members to receive specific items with sentimental value after I pass away so there is no bickering among them.

If you chose A) then congratulations because you’ve just saved a few minutes that you would have wasted thinking about writing a Will and you can stop reading now.  If you chose B), then I regret to inform you that you are going to have to set aside a few minutes of your day thinking about your Will.

You might be confused with my measurement of “Will writing” in minutes, but don’t worry, it isn’t a typo.  A Will doesn’t have to be a difficult thing to write and I’m certain that you could write a legally effective Will for yourself without having to ever step inside of a lawyer’s office, however, I wouldn’t advise it.  If you’re anything like me, you’re probably going to stop reading in the next 5 words and get started with writing a Will.  Trust me, I know how you feel because I’m hard-headed and I like to figure things out on my own too. 

Unfortunately, writing a Will isn’t like cooking stew where you can add ingredients and spices in between tastes until it is just right.  Writing a Will is more like baking a cake where you put ingredients in a pan, pop it in the oven, and then 30 minutes later you get to see if you did everything right.  Just like the cake, you only get one chance with the Will and if you forget one of the elements then it reverts back to as if there never had been a Will. 

Therefore, I recommend speaking with an attorney about writing a “Simple Will.”  A Simple Will isn’t expensive and doesn’t take much of your time or effort.  Your attorney should be able to explain the necessary parts to a Will and describe the steps that you need to take to execute one that will stand firm after you've passed on.

So pop a cake in the oven, spend that waiting time making a list of your most prized possessions along with who should receive it, and while that cake is cooling call your friendly neighborhood attorney to arrange a consultation.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Estate Management Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com 

(806) 318-8482 

www.MatthewHarrisLaw.com