DEATH

LAST WILL AND TESTAMENT

A will directs the disposition of a person’s property upon death.  If a person does not have a will, the State of Texas has laws that determine which members of the family receive the property.  A properly prepared will also appoints a personal representative as well as a trustee, and provides for an independent administration of the estate.

GUARDIANSHIP OF A MINOR

This document is used to show who you want to take care of any minor child(ren) you may have at the time of your death.  Should no other legal guardian exist at the time of your death, this shows the court who you would prefer to become the legal guardian of your child(ren).

DISABILITY

DURABLE POWER OF ATTORNEY

If a person is incapacitated, the person is unable to manage his or her financial affairs.  Unless a Durable Power of Attorney has been executed, a court appointed guardian will be required to manage the financial assets of a person.  A Durable Power of Attorney is an instrument which appoints a friend or family member to manage the financial assets of a person.  The person appointed in the Durable Power of Attorney is not required to obtain court approval for the exercise of its power.

MEDICAL POWER OF ATTORNEY

A Medical Power of Attorney is utilized to make medical decisions regarding the treatment of a person when that person is incapable of making those decisions either temporarily or permanently.  The person appointed in the Medical Power of Attorney is not required to obtain court approval for the exercise of its power.

HIPAA RELEASE AND AUTHORIZATIONS

The Privacy Rule in the Health Insurance Portability and Accountability Act (1) limits release of patients’ health records by health care providers and (2) gives patients control over their health information.  The HIPAA Release and Authorization provides the names of the agents and the rights of the agents regarding the access to medical records of a person.

GUARDIANSHIP OF ADULT/SELF

This instrument dictates who you would want taking care of you in the event of later incapacitation in which you cannot care for yourself.

DIRECTIVE TO PHYSICIANS (LIVING WILL)

A Directive to Physicians (also known as a Living Will) is an instrument that (1) allows a person to direct that life sustaining medical procedures be withdrawn if the person has a terminal condition and is expected to die within six months and that (2) allows a person to direct that life sustaining medical procedures be withdrawn if the person has an irreversible condition and is expected to die without life sustaining treatment.