Estate planning is the process of preparing for the orderly handling of your personal and financial affairs in the event of your death or incapacity. While not every kind of instrument is necessary in every estate, most adults in Texas should strongly consider having a Will, a Medical Power of Attorney, a Durable Power of Attorney, and (if it is compatible with your personal beliefs and wishes) a Medical Directive, or Living Will, coupled with a Do Not Resuscitate Order. Other documents may be appropriate in certain situations.
We offer various estate planning services, including:
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Wills
A last will and testament is a document that provides for the disposition of your property at the time of your death. In essence, this document details how much and to whom you want your various assets to be distributed. A will can also provide for the care of family members as well.
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Health Care/Medical Power of Attorney
A Medical Power of Attorney is a legal document by which you appoint one or more persons (your “Agents”) to make any and all health care decisions when you are no longer capable of making them yourself. You have the right to make health care decisions for yourself as long as you are able to do so; your Agent’s authority does not begin until your doctor certifies that you lack the capacity to make your own health care decisions
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Durable Power of Attorney
A Power of Attorney (POA) is an estate planning device by which you appoint someone else to handle your business and financial affairs for you. An ordinary POA will become ineffective if you become incapacitated (substantially unable to provide food, clothing, or shelter for yourself, to care for your physical health, or to manage your financial affairs.). Unfortunately, this is precisely the time when you are most likely to need a POA. By including special language, however, the POA becomes “durable,” meaning that it will continue in effect even after you are incapacitated.
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Living Will
A living will instructs your family and/or your doctor about how you wish to proceed with certain medical decisions in the event that you become incapacitated. It also serves to prevent potential fighting among family members when difficult medical decisions have to be made.
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Qualified Income Trust
A Qualified Income Trust, also called a Miller Trust, is a way for you to qualify for public assistance despite having income above the cap. We can help construct this type of trust for you.
