Financial Power Of Attorney

In Texas, the appointment of a guardian is a legal process undertaken when an individual is unable to manage their personal or financial affairs due to age, illness, or disability. However, with foresight and proper planning, one can often avoid the need for guardianship, maintaining control and privacy in personal matters.

Here are steps you can take to prevent the necessity of a guardianship:

1. Create a Durable Power of Attorney:

A Durable Power of Attorney (DPOA) allows you to appoint an agent to manage your financial affairs if you become incapacitated. This legal document can be tailored to your specific needs, granting as much or as little power as you see fit.

2. Establish a Medical Power of Attorney:

Similar to a DPOA, a Medical Power of Attorney (MPOA) allows you to designate an agent to make healthcare decisions on your behalf should you become unable to do so.

3. Draft a Directive to Physicians:

A Directive to Physicians, commonly referred to as a Living Will, outlines your preferences for medical treatment in scenarios where you might be unable to communicate your wishes.

4. Set Up a Revocable Living Trust:

A Revocable Living Trust is a flexible estate planning tool that allows you to manage your assets during your lifetime and provides instructions for their distribution upon your death or incapacity. Unlike a will, a living trust operates during your lifetime, allowing for the management of your assets should you become incapacitated.

5. Designate a HIPAA Authorization:

By signing a Health Insurance Portability and Accountability Act (HIPAA) authorization, you ensure that your chosen individuals can access your medical information, facilitating informed decision-making on your behalf.

6. Engage in Family Discussions:

Open communication with family members and loved ones about your wishes and the plans you have put in place is crucial. It helps prevent confusion and ensures everyone is on the same page should a crisis occur.

7. Consult with an Experienced Attorney:

Navigating the legal landscape of estate planning and incapacity planning can be complex. Consulting with an attorney experienced in these matters is invaluable for ensuring that your plans are comprehensive and legally sound.

Proactive planning is key to maintaining autonomy and ensuring your wishes are respected, regardless of what the future holds. Our law firm specializes in crafting personalized estate and incapacity planning solutions. If you have concerns about guardianship or wish to explore preventive measures, we invite you to contact our office. Our seasoned team is here to provide the guidance and peace of mind you need as you plan for the future.

The United States is seeing an increase in diseases affecting mental capacity (like Early Onset Dementia) occurring more frequently and at younger ages than was previously known in earlier decades. These diseases often impact an individual without anticipation or preparation and the symptoms experienced can drastically increase in severity over a short period of time. This causes numerous issues and hardships that affect both the individual and their loved ones.

Cognitive degeneration diseases have both medical and legal consequences. Regarding the legal issues, it is necessary to execute the proper documents to manage your affairs before you or your loved ones surpass the threshold of insufficient mental capacity to legally sign documents. Here at Crain & Wooley, we specialize in pre and post disability planning. 

We offer Medical and Financial Power of Attorney documents that appoint an Agent to make decisions for you if you lack the capacity to do so. Through the strategic use of both these documents, your agent can potentially qualify you for your state’s Medicaid program. At the very least, your Agent will have the full authority to make financial and medical decisions to assist you and your family in coping with the loss of mental capacity. These documents are considered necessary when preparing for disabilities.

Please, act and pre-plan. Schedule a free consult today to learn more.