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.