Wills

The Last Will and Testament is the document used to indicate how you would like your assets to be distributed at your death and who you would like to administer your estate. Without it, the Texas legislature has already written a “will” that every court in Texas must apply in making these decision, and it may not be how you wish your assets to be divided. A Will, once created, should regularly be reviewed and updated as necessary.

HIPAA Medical Information Release

A Health Insurance Portability and Accountability Act release is a document which allows you to name someone aa your agent who can access medical information necessary to speak on your behalf with your physicians and hospital staff.

Declaration of Guardian in the Event of Later Incapacity or Need of Guardian

A declaration of guardianship in the event of incapacity or disability allows you to chose, before you become incapacitated or legally disabled, who you want to serve as your guardian of the person for medical decisions and guardian of the estate for financial decisions.

For instance,  An elderly person (parent or other loved one) becomes unable to care for himself or care for herself.  This is often an issue with dementia or Alzheimer’s; An adult is in an accident and suffers a debilitating brain injury.  Vehicular accidents with head injuries are the most common. A child with an intellectual disability is about to turn 18 in Texas.  In this case, there are laws and rules prohibiting educators and doctors from providing information  regarding an adult.  Even if the adult has an intellectual disability.  Although professionals may wish to cooperate with parents, is isn’t always possible;  A child with an intellectual disability is about to turn 18 in Texas.  In this case, there are laws and rules prohibiting educators and doctors from providing information  regarding an adult.  Even if the adult has an intellectual disability.

Although professionals may wish to cooperate with parents, is isn’t always possible; an adult suffers a non-dementia type illness rending them incapacitated, usually his is a stroke or other illness which affects brain function; an adult who has caregiver(s) who can no longer legally attend to his/her financial or medical needs.  This sometimes happens when there is a need for a new doctor or specialist.   Unlike the family doctor, the new doctor may be unwilling to provide information.  This is a real problem for caregivers and for the doctors.  The doctor can only discuss medical treatment with an individual who has the legal capacity to make decisions.  This can also happen with banks and financial companies.  The teller you talked to for years, but now the bank changed ownership, and the new owners don’t practice the “good ol’ boy” system.

Out of Hospital Do Not Resuscitate Order (DNR)

A DNR must be signed by your physician and prominently posted on your refrigerator door or within clear sight of emergency medical personnel, in order to forego being transported to the emergency room to die a “death by ICU”.

Advanced Healthcare Directives

Advanced healthcare directives are known as a living will, which lets you dictate how the hospital should act in the case where you cannot recover from injury, disability or illness. For instance, you could tell them that you do or do not want heroic measures to keep you alive. You can choose who is allowed to receive information about your condition or medical condition.

It sounds morbid because you are forced to think about situations that may or may not happen. Should they do occur, you should have the right to decide what you want to happen, not someone else.

Trusts

This is a planning tool that is useful to attain any number of estate planning goals. It allows you to provide minors with assets at certain points in their lives. The trust is also ideal for tax planning and other financial matters. Due to the complexity of a trust, it’s imperative to speak with an estate planning lawyer to better understand its benefits and if it’s right for you.

Durable Power of Attorney

This lets you choose a person you want to act on your behalf should you become unable to do so. This document encompasses even non-medical-related issues. For instance, you can choose who will handle your financial affairs, such as banking, housing, etc. You choose how much or little power you give them over the affairs you want them to deal with.

Medical Power of Attorney

A medical power of attorney lets you choose who is to make medical decisions in the event you cannot do so. It’s similar to the Advanced Healthcare Directive but differs from it, as you get to name who will make healthcare decisions for you when you can’t.

For instance, if you are having surgery and must have something else done, the person you have chosen can decide what to do. An Advanced Healthcare Directive will carry out your stated wishes if it appears that you cannot live without a ventilator or other life-sustaining machines.