Every Texan should carefully consider the various estate planning tools that will protect his or her family from uncertainty and legal problems in the event of death or disability.  Today's blog will identify and briefly describe the 4 basic legal documents that will protect Texas families.

Last Will and Testament

In a properly drafted and executed Last Will and Testament, an individual directs who will receive any and all estate property.  While it is common to bequeath the property to the spouse and children, this is not necessary.  Some people choose to leave the property to only the children instead of the spouse, and some choose to give the property to charitable organizations.  If a person dies without a Will (intestate), the law governs who receives the property, with an elaborate scheme of distribution that depends on which family members survive.   A Will also can designate who will serve as Executor to handle the distribution of the estate, and can designate whether the Executor will serve independently of Court supervision.  Further, the Will can designate who will serve as Guardian for any minor children that survive.  In addition to directing the distribution of the estate and the individuals who will fulfill these roles, a properly executed Will avoids the need for heirship proceedings, in which an elaborate search for any missing or unknown heirs must be completed.  Heirship proceedings are more complicated than the probate of a Will, and are therefore more expensive. 

Statutory Durable Power of Attorney

A Statutory Durable Power of Attorney permits another person to make business, legal and financial decisions on behalf of the person who has signed the document.  This document can avoid confusion, cost and stress associated with the incapacity of the person.  If a person becomes incapacitated and unable to make his or her own business decisions, and has not executed a Statutory Durable Power of Attorney, the family must seek Court permission in a guardianship proceeding to gain authority to transact the business of the incapacitated family member. 

Medical Power of Attorney

A Medical Power of Attorney gives another person authority to make medical decisions on behalf of another person if the person becomes mentally incapacitated.  This document is also a valuable tool to assist an incapacitated person in gaining necessary medical attention and care.   Without a Medical Power of Attorney, the family is left to guess who the incapacitated person wishes to make medical decisions, and must request guardianship over the person in Court.  The Court may or may not determine that the person needs a guardianship, what rights the guardian should have, and who should serve as guardian. 

Advance Directive to Physicians

An Advance Directive to Physicians directs the medical team to discontinue medical treatment and allow the person to die gently if the medical condition is irreversible and death is imminent.  This allows the family to avoid costly expense for medical treatment that ultimately would not benefit the person.  Obviously, this document is controversial, and the effects of it should be carefully considered and discussed with legal counsel, spiritual guidance and trusted family members.

For Texans who wish to be prepared for illness and death, and avoid confusion, delay and expense for family members, proper estate planning should be completed as soon as possible.  Christiansen Law Firm has extensive experience assisting Texans with proper estate planning.  Contact an experienced Texas estate planning lawyer at Christiansen Law Firm for assistance today.