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Integral to any estate plan, is the execution of those documents which allow someone of your choosing to act on your behalf in the event that you are unable. Collectively, we call them the “powers.” The documents are the Statutory Durable Power of Attorney, the Health Care Power of Attorney, and the Directive to Physician.

The Texas Statutory Durable Power of Attorney allows you to designate a loved one to manage your financial affairs in the event of your disability or incapacity.  Unlike the traditional power of attorney, it is designed to vest and continue during incapacitation. Otherwise, it would be necessary for your family members to institute guardianship proceedings with the Probate Courts in order to have someone appointed to do these tasks - an unnecessary waist of money and time.

The Texas Health Care Power of Attorney is similar to the Statutory Durable Power of Attorney, however, this document addresses your health care needs. If you were to suffer a stoke, for example, this document allows your loved one to make health care decisions for you.  Again, execution of the document avoids guardianship proceedings.

The Texas Directive to Physician is a document which instructs your doctor to withdraw life sustaining medical support from you in the event you are diagnosed with an incurable condition. The document keeps medical personnel from maintaining life support when there is no hope. It instructs them to withdraw life support so that you may be allowed to die a natural death.

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