Planning for Incapacitation

Estate planning isn’t just about distributing assets after death—it’s also about protecting yourself during life. Planning for incapacitation lets someone you trust make financial and medical decisions if you become unable to do so.

In Texas, three essential legal documents help safeguard your interests: a Durable Power of Attorney, a Medical Power of Attorney, and a Declaration of Guardian. Each serves a distinct purpose: to ensure your affairs are handled according to your wishes. A seasoned estate planning attorney can help you ensure you are set up for the future.

Statutory Durable Power of Attorney

A Statutory Durable Power of Attorney (SDPOA) lets you appoint someone to manage your finances if you become incapacitated. Without it, your family might face lengthy court processes to control your finances. The SDPOA can grant broad or limited powers for paying bills, managing bank accounts, handling real estate, and overseeing investments.

Unlike a general power of attorney, a SDPOA stays effective if you become incapacitated. You can set it to start immediately or after a doctor’s certification. Including a SDPOA in your estate plan protects you and your family from legal and financial problems.

Medical Power of Attorney

A Medical Power of Attorney (MPOA) lets you appoint someone to make healthcare decisions if you become unable to do so. This document is crucial if illness or injury leaves you incapacitated. Without it, doctors may turn to family, which can cause disagreements or unclear decisions about your wishes.

Your chosen agent can make critical medical choices, including consenting to or refusing treatments, approving surgical procedures, and determining long-term care options. The MPOA only takes effect when a doctor certifies that you cannot make decisions on your own, ensuring that you retain control over your healthcare as long as you are capable. By including an MPOA in your estate plan, you give yourself peace of mind and help your loved ones navigate difficult medical decisions with clarity and confidence.

Declaration of Guardian

A Declaration of Guardian allows you to specify who should be appointed as your legal guardian if you ever become incapacitated and require one. This document helps prevent the court from appointing someone you may not trust or want in control of your affairs. You can also use it to disqualify certain individuals from serving as your guardian. Without a Declaration of Guardian, the court will decide based on Texas law, which may not align with your wishes.

Learn How J. Nichols Law, PLLC Can Help

Planning for the future is essential, especially in situations where you cannot make vital decisions for yourself. If you are concerned about planning for incapacitation, reach out to J. Nichols Law today to discuss your options.