WILLS
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Make sure your estate is protected by appropriate legal instruments, such as wills, trusts, and powers of attorney. You can devise an estate plan tailored to your specific financial scene, needs, and goals so that your wishes are known and carried out should you become incapacitated or pass away. The firm also handles probate matters in Dallas County, Denton, and Tarrant County.
Living Will aka Directive to Physicians
This document is also referred to as a "living will." It instructs physician(s) and hospitals not to use any artificial life support in the event you are diagnosed with a terminal illness or condition and your death is imminent. This document allows you to appoint an agent to make those decisions if you are not able to. However, appointing an agent is optional. You should have either a living will or health-care power of attorney, but usually not both. A living will is preferred by most people and attorneys. Most people list their spouse (if married) as the primary agent.
Statutory Durable Power of Attorney
This document allows your designated agent to handle all of your personal affairs, including the execution of contracts, real estate documents, motor vehicle registrations, bank account transactions, etc. in the case you are out of town or you are incapacitated. This document can be made effective at the time you sign it or become effective only when you are determined to be mentally and/or physically incompetent. The document expires at your death. Please list alternates. Most people list their spouse (if married) as the primary agent.
Declaration of Guardian in the Event a Need Arises
This document allows you to designate who you want to serve as your guardian in the event a guardianship is instituted. A guardianship may be instituted in the case you do not have a power of attorney and you are incompetent to handle your affairs either physically and/or financially. The purpose of this document is to avoid a costly guardianship. However, if one is instituted, a durable power of attorney is automatically revoked. The best part of this document is that you can designate who you do not want to serve as your guardian and the judge cannot appoint those persons you excluded as your guardian. Under Texas law, if you have not completed this document, a guardian will be appointed under the following order: (1) spouse, (2) parent, (3) adult child, (4) adult sibling, or (5) other qualified person.