We want to believe that, should we ever become incapacitated, the people we trust to protect us will behave honorably. A recent California court decision shows that, unfortunately, this is not always the case. Houston residents young and old should heed the court’s warning in this case, which it described…
Articles Posted in Incapacity
Planning for Incapacity through Texas Estate Planning Law
Estate planning is the process of preparing and managing a person’s assets and documenting final wishes. Houston estate planning attorneys frequently assist individuals in creating these essential documents. Estate plans typically include wills, financial power of attorney designations, medical directives to physicians and family, medical power of attorney designations, and…
Planning for Incapacity
It’s a hard thing to imagine: what would your life be like, if you were not able to take care of yourself? Not being able to manage your physical or financial needs, drive, leave your home without assistance, or do any of the things that you do now as a…
Spotlight on Abuse of Elderly through Guardianship a National Issue
It sounds like a nightmare scenario, and for many elderly, it is a reality: a court appoints a guardian and they lose the ability to make decisions about their assets and their lives, often with no advance warning. An article in Reuters reports on a journalist’s investigation that revealed a…
A Legacy of Service Will Continue Now that Estate Battle is Settled
At last, a happy ending for the estate of the late Veronica Shoemaker, a community activist who made service the heart of her life and business. With the conclusion of the estate battle, Mattie Young, the daughter of the late Veronica Shoemaker, will now be able to keep her mother’s…
Welfare Check on Senior Leads to Lawsuit against NYPD Officer
A federal judge has ruled that a police officer’s uninvited entry into a house to check on the well-being of an adult with dementia, is shielded by qualified immunity. The response to a possible crisis was correct. Given the number of elder abuse cases, it is encouraging that New York…
Not If, But When: Make a Plan for Incapacity
Incapacity might be harder for some people to imagine than death. They can’t wrap their thoughts around the idea of being alive yet unable to function. Making decisions for how you want to be cared for while you are still able to choose, is a gift to yourself and your…
When the Heir is Not A Family Member
A cautionary tale ends with a will being declared invalid, firings at the local police station and a lesson in elder abuse. A wealthy 92 year old woman suffering from dementia left a $2 million estate to a local police sergeant but after three years of legal wrangling, her will…
Picking an Executor, a Critical Part of Your Estate Plan
Choosing an executor is not easy, but it is very important. A person who is not capable of managing the tasks can drive even the best estate plan off the path. Part of creating an estate plan is naming an executor who will be responsible for carrying out the wishes…
A Second Opinion: Candid Discussions with your Houston Physician on Memory Loss
The older the patients, the less likely they are to discuss a memory problem with their doctor during an office visit, according to a review of federal government data from more than 10,000 people. This review, published in Preventing Chronic Disease, also revealed that in 2011 as few as 1…