Servicing clients around Houston, Katy and Cypress, TX
Last Will & Testament
Last Will & Testament
Having a is vital in ensuring that your estate gets handled according to your wishes. Without a will, the State of Texas controls how your property will be distributed upon your death. Your will is your directive to your family. You want to make sure that your wishes are carried out in the manner you desire.
In anticipation of creating a Will, the following are good questions to ask yourself and discuss with your attorney:
- Do you have specific wishes you want to be carried out upon your death?
- Do you have specific properties that you want to protect?
- Is the potential for family conflict?
- Have you gotten married, divorced or remarried?
- Do you have a blended family?
- Do you have minor children?
If you answered yes to any of the above questions, you need a will. If you have a blended family or children from another marriage, a will is critical to making sure your wishes are carried out with regard to your children and spouse. A will allows you to appoint an executor who is entrusted to explicitly carry out your directions in your will. Your will can also include beneficiary designations, trustee designations, general and specific gifts, and many other directives.
Wills can include built-in trusts to plan for your minor children or special needs beneficiary. You can name a trustee to manage inherited assets for the beneficiary and protect that beneficiary from losing critical benefits.
General Durable Power of Attorney
The General Durable Power of Attorney allows your agent to manage your income and assets if you are alive but incapacitated. Common actions by an agent include selling, buying or refinancing real property, filing income taxes and paying bills. Obtaining a Statutory Durable Power of Attorney is critical to avoiding the expense and complexities of guardianship if you should become incapacitated in some manner
Medical Power of Attorney
The medical power of attorney is a separate document from the statutory durable power of attorney. This document allows you to appoint an agent that is able to make medical treatment decision for you should you become incapacitated or unable to do so yourself. This document allows you to determine the person that you wish to make those decisions when you can’t make them for yourself.
HIPAA Release
Federal law prohibits the sharing of any adult individual’s medical information with another person, regardless of the relationship, unless you have given authorization in writing. A HIPPA authorization grants this authorization for any medical provider that has or will provide medical treatment to you. This document makes sure that your family or loved ones can obtain your medical information, including treatment history, and vital current information in case you are involved in an accident or need medical treatment.
Advanced Directive
Also known as a Living Will, this document informs your health care providers of your wishes in situations such as terminal illness or irreversible injury. This documents allows you to inform your current or future medical treatment providers of what your exact wishes are. This document can also provide direction for your medical power of attorney as to what your exact wishes are with regard to your medical treatment should you be faced with end-of-life treatment options. You are also able to make changes to this document at any time.
