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 final wishes. Although many of these documents relate to a person’s wishes after they pass, individuals should also have a plan in place in the event that they become incapacitated.

“Incapacity can happen to anyone, at anytime.”

A person may become incapacitated after they suffer an injury or illness that leaves them unable to make decisions or communicate their wishes. When individuals do not have a comprehensive, binding plan in place, a Houston probate judge may appoint someone to take control of the incapacitated person’s decisions. This person may make personal and medical decisions on behalf of the incapacitated individual. These wishes may be contrary to an individual’s actual desires. Many people may believe that they do not need a plan in place because they own property or assets jointly with a loved one, however, there are many limitations on what the co-owner can do. Further, the co-owner may be subject to many undesirable situations, such as default judgments and civil lawsuits.

To avoid these unwanted outcomes, Houstonians should contact an attorney to discuss their incapacity plans. Some common advanced decisions a person can include in their incapacity plans are do-not-resuscitate directives, living wills that indicate what life-saving care a person would like, and healthcare power of attorney designations. Additionally, a person may document decisions regarding the way they want their assets managed if they become incapacitated. Individuals may create living trusts and naming trustees and a power of attorney.

Although it may be an uncomfortable topic, individuals should discuss their estate plans with an experienced attorney. There are many benefits that an individual and their loved ones will realize by creating these documents. For example, appointing a health care and financial designee can reduce the chances of court intervention. This can save family members a significant amount of time, money, and energy. Additionally, individuals can maintain control over their choices, instead of leaving these decisions to a judge. Further, various tools help ensure that people can continue their government benefits if they become incapacitated. Finally, it allows people to plan for the transfer of business management and transfer.

Houston Estate Planning Attorneys Can Assist in Creating Incapacity Plans

The Houston estate planning attorneys at McCulloch & Miller, PLLC, can help you create comprehensive estate plans to carry out your wishes, even through unanticipated events. The Houston estate planning and elder law attorneys at our law firm have a strong history of advocating for aging Texans. We use our skills and experience to address our clients’ unique needs and concerns. Creating strong and valid estate plans is necessary to ensure that our clients’ needs and desires are appropriately documented and carried out. In addition to estate planning, our attorneys provide representation with veterans’ benefits, Medicaid planning, probate and estate administration, and other similar issues. Contact our office at 713-333-8900 for a free consultation with an attorney on our team.

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