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Planning Ahead for Incapacity: Why Powers of Attorney Are Just as Important as Your Will

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 efficient. Partnering with a Dallas probate lawyer at McCulloch & Miller, PLLC places the right people in charge before disaster strikes.

Incapacity Can Strike at Any Age

The Centers for Disease Control reports rising stroke rates among adults in their forties. Car accidents remain the leading cause of traumatic brain injury nationwide. Although seniors face higher dementia risk, no one owns a pass from sudden incapacity. Planning while healthy keeps you, not the court, in control of who will manage money and make care decisions.

Financial Power of Attorney Keeps Bills Paid

A durable financial power of attorney grants an agent authority to handle banking, investments, tax filings, and property management. You select the scope: broad authority for a spouse or limited powers for an adult child. Because the document survives incapacity, courts need not appoint a guardian of the estate. Less red tape means mortgage payments stay current, disability claims get filed on time, and your credit score remains intact.

Medical Power of Attorney Safeguards Choices

Texas allows you to name a health-care agent who speaks when you cannot. That person reviews treatment options, consults doctors, and consents to surgeries. Without one, hospitals rely on statutory hierarchies that may elevate estranged relatives or skip unmarried partners. A clear directive honors your values about life support, pain management, and experimental therapies.

HIPAA Releases Prevent Information Barriers

Even the best agent stalls without access to records. A standalone HIPAA release—or language embedded in your medical power of attorney—authorizes providers to share lab results, imaging studies, and billing statements. Doctors comply quickly, and your agent acts confidently because information flows unimpeded.

Coordinating Documents With Your Dallas Probate Lawyer

Drafting forms you pull off the internet invites contradictions. A Dallas probate lawyer tailors each instrument so powers align. For instance, your financial agent can access funds to pay medical bills, while your health-care agent focuses solely on treatment decisions. The lawyer stores originals, explains duties to agents, and reminds you to update after life events—marriage, divorce, or a child’s eighteenth birthday.

Acting Now Protects Your Future Self

Powers of attorney cost little compared with guardianship proceedings that can run thousands of dollars. More important, they protect your dignity. You choose who speaks for you, how far authority extends, and when it begins. Secure that peace of mind today by calling McCulloch & Miller, PLLC at (713) 333-8900 for an appointment with an experienced Dallas estate planning and probate lawyer.

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