Most Texans picture estate planning as a will that activates after death. Life proves otherwise. A car crash, stroke, or sudden illness can leave anyone unable to sign checks or speak with doctors. If you have not appointed trusted agents, courts may step in—and court supervision rarely feels personal or…
Articles Posted in Capacity
How to Account for Issues of Capacity When Creating an Estate Plan
In Texas, to create an estate plan, you must have sufficient mental capacity to understand what is going into the document. If your estate plan is later going through a probate court, and the judge decides that you did not have the proper mental capacity when signing your will, your…
Can You Limit the Power Granted by a Power of Attorney in Texas?
In Texas, power of attorney refers to a legal document that allows one individual to act on behalf of another individual. Power of attorney can look different depending on the specific circumstances, and the decision of whether to grant power of attorney is an inherently personal one. Today, we review…
Probate and Incompetence: What Texas Residents Need to Know
Ideally, any individual drafting a will would be able to make decisions for him or herself. In reality, however, at times, there are competence issues, meaning that when a person is mentally incompetent or incapacitated, others might challenge that person’s will or estate plans down the line. In today’s blog,…
The In-Between Stages of Competency
If you live far from your hometown, you may be used to seeing large changes in aging parents from year to year. However, if you are involved in their day to day life, you may not notice the changes, or they may seem to come and go. When you are…