You can plan now for the time when you are unable to express your wishes. There are documents that you can have prepared that make these wishes known instead of letting the courts decide. The key documents to consider include a Will, Medical and Durable Powers of Attorney and Designation of Guardian.
If you die without a Will, the court will use Chapter 201 of the Texas Estates Code to determine who receives your property. This process may not reflect your personal wishes. For example, nieces, nephews, friends or stepchildren you intended to include may be excluded. By creating a Will, you have the power to choose who inherits your property and how it is distributed after your death.
If you become unable to make medical or financial decisions before you die, someone could petition the court for guardianship over you. This means the court may appoint a guardian—possibly someone you wouldn’t choose or even a stranger—to make decisions on your behalf. You can avoid this by creating a Medical Power of Attorney (MPOA) and a Durable Power of Attorney (DPOA). These documents let you choose someone you trust to act as your agent. The MPOA allows them to make medical decisions, while the DPOA gives them authority over financial matters.
Even if you have a MPOA and a DPOA, there may still be situations where a court needs to appoint a guardian. However, you can retain some control through a Designation of Guardian. This document allows you to name who you would prefer to serve as your guardian—both for personal care (guardian of the person) and for financial matters (guardian of the estate). You can also specify individuals you do not want to serve as your guardian, giving you a say in the court’s decision.
Choose who will make decisions for you and who will receive your property, by planning now—through a Will, Medical and Durable Powers of Attorney and a Designation of Guardian—you can ensure that these decisions are made by you, not by others later.
Mandy Williams is an attorney at Hammerle Morris Law Firm, a boutique law firm offering services in estate planning, probate, guardianship, business law, litigation, and real estate. Contact her at (972) 436-9300. This article does not constitute legal advice.
(Sponsored content)
