COVID-19 Is Reminder of Need for Wills, Medical Directives, Powers of Attorney, and Other Estate Planning Needs
The coronavirus pandemic has made clear the need for estate planning.
Estate planning is the process of completing the legal documents needed if you or a family member becomes disabled or incapacitated, or in the case of death.
The documents for each category are explained here. Together, they constitute the documents that Texans should consider having to help themselves and the people they love if the worst happens.
It is always best to consult an attorney about specific circumstances. However, the cost of legal services does not have to be a barrier.
Most of the forms and instructions listed below are available in English and Spanish.
Disability or Incapacity
A DURABLE POWER OF ATTORNEY lets you choose who can pay your bills, access your bank account, talk to your insurance company, speak to your employer, and hire a lawyer if you are not able because of a medical condition.
Why it's important: If you do not have a durable power of attorney and something happens to you, then your family will have to hire a lawyer and go to court so they can handle your finances. You might lose your insurance, be evicted, or face foreclosure. If you need to enroll in Medicaid, for example, your family won't be able to complete the application.
Forms and instructions
https://texaslawhelp.org/article/powers-attorney-information-and-answers
https://hhs.texas.gov/laws-regulations/forms/miscellaneous/sdpoa-statutory-durable-power-attorney
A MEDICAL POWER OF ATTORNEY lets you choose a person to make medical decisions for you if a doctor says you cannot do so.
Why it's important: If you do not have a medical power of attorney, then someone you don't trust may be making medical decisions for you. Or someone will have to hire a lawyer to go to court to get the power to make decisions for you.
Forms and instructions
https://texaslawhelp.org/article/medical-power-attorney-information-and-answers-common-questions
https://hhs.texas.gov/laws-regulations/forms/miscellaneous/mpoa-medical-power-attorney
A DIRECTIVE TO PHYSICIANS (also called a Living Will) tells your loved ones and your doctors how to proceed if you have a terminal or irreversible condition.
Why it's important: If you can't communicate your wishes, your family may not know your end-of-life decisions.
Forms and instructions
https://texaslawhelp.org/article/directive-physicians-texans-information-and-answers
RELEASE OF HEALTH INFORMATION (HIPAA RELEASE) lets you decide who can access your health records if you cannot.
Why it's important: Doctors won't talk to your family if you don't give them permission with a HIPAA release. A HIPPA can also help in dealings with health insurance companies.
Forms and instructions
A SUPPORTED DECISION-MAKING AGREEMENT can help someone with a disability. If you have a disability, the agreement allows you to select someone to help you get information, understand information, and communicate information.
Why it's important: People with specific disabilities sometimes need help. This document tells doctors, insurance companies, and others that you need this specific person to help you. The agreement permits them to speak with that person.
Forms and instructions
https://texaslawhelp.org/resources/supported-decision-making-forms
A DECLARATION FOR MENTAL HEALTH TREATMENT helps you determine the course of treatment at a psychiatric hospital.
Why it's important: People may be taken to a psychiatric hospital if someone thinks there is a mental health crisis. If that happens, a declaration for mental health treatment can specify which treatments you do not want and which treatments are acceptable.
Forms and instructions
A DESIGNATION OF GUARDIAN FOR A MINOR CHILD IN THE EVENT OF INCAPACITY OR DEATH tells the court who you want to care for your child and who should control any money or property for the care of that child. The person you choose must still file for guardianship in court.
Why it's important: Sometimes there are disputes about who will take care of a child. The designation of a guardian tells the court your preference.
Forms and instructions