Planning for Incapacitation

Estate planning isn’t just about distributing assets after death—it’s also about protecting yourself during life. Planning for incapacitation ensures that if you become unable to make financial or medical decisions, someone you trust can step in.

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) is a crucial legal document that allows you to appoint someone to handle your financial affairs if you become incapacitated. Without this document in place, your loved ones may have to go through a lengthy and costly court process to gain control over your finances. A SDPOA can grant broad or limited authority, allowing your chosen agent to pay bills, manage bank accounts, handle real estate transactions, and oversee investments.

Unlike a general power of attorney, which becomes void if you become incapacitated, a SDPOA remains in effect, ensuring continuity in financial management. You can choose for it to take effect immediately or only when a doctor certifies that you can no longer make decisions. Setting up a SDPOA as part of your estate plan protects yourself and your family from unnecessary legal complications and financial hardship.

Medical Power of Attorney

A Medical Power of Attorney (MPOA) allows you to designate someone you trust to make healthcare decisions for you if you become unable to do so. This document is essential in situations where an illness, accident, or medical condition leaves you incapacitated and unable to communicate your wishes. Without an MPOA, doctors may rely on family members to make decisions, which can lead to disagreements or uncertainty about your preferences.

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.