Best Estate Planning Attorneys in Dallas, TX

Sometimes called a Directive to Physicians, a living will allows you to state your wishes in advance regarding what types of medical life support measures you prefer to have, or have withheld/withdrawn if you are in a terminal condition (without reasonable hope of recovery) and cannot express your wishes yourself. Oftentimes a Living Will is executed along with a Durable Power of Attorney for Health Care, which gives your Agent legal authority to make your health care decisions when you are unable to do so yourself.

Both General and Durable Powers of Attorney give your Agent the right to pay bills, sign documents or conduct financial transactions on your behalf. The authority of the Agent acting under a General POA ends if the principal becomes incapacitated, but an Agent acting under a Durable POA can act even if the principal has become incapacitated. Both documents go into effect immediately upon being signed, and both can be revoked.

A Power of Attorney for Healthcare is a legal document which names an Agent who can act if an individual is incapable of making a medical decision. The ability to make medical decisions is determined by a physician, and the threshold for capacity differs depending on the complexity of the decision. The Agent under a Power of Attorney for Healthcare only has authority to make decisions during the period of incapacity. Common causes of incapacity include loss of consciousness, delirium, severe psychosis, and advanced dementia.

In order for someone to be judged incapacitated, evidence of poor decision making would need to be brought before a judge who specializes in determining capacity. If the judge rules that an individual is incapacitated, a guardian would be appointed. Sometimes two guardians are appointed: one to make financial decisions and the other to make health and personal decisions. Often, less-restrictive alternatives to guardianship can be arranged with proper legal assistance.

Many people choose to add a family member to their bank account for convenience, but joint accounts have potential pitfalls, including disinheriting heirs. A good alternative is to appoint a trusted family member to act on your behalf through a Durable Power of Attorney. Another option is to give your family member signature authority instead of joint ownership. The best option may be to create a Trust to ensure that funds are disbursed according to your wishes.