Along the way, legal practitioners and the legislature crafted techniques to provide us with solutions for situations where we become disabled or can’t otherwise make our wishes known to our physicians and family.  For some estates, including the right provisions to minimize estate taxes (or “death taxes” as they’re commonly referred to) is also important.

Regardless of the size of the estate, when we perform estate planning services, we prepare several documents in addition to a will that help address many potential life scenarios.  These documents include a health care power of attorney, your directive to physicians, a HIPAA authorization, a declaration of guardian, a statutory power of attorney, and, when necessary, a declaration of guardian for minor children.

Your Will OR TRUST

Honoring your wishes

Our firm can help you draft a will  or trust - depending on your state of residence - that keeps your estate’s administration costs to a minimum and, depending on your situation, maximizes or constrains the freedoms afforded to your estate’s administrator(s) or trustee(s).  Depending on your estate’s size, we can also include provisions in your will or trust to minimize the impact of federal estate taxes.

Directive to Physicians

Your life support choices

We placed this document high in the list of items that we discuss in relation to estate planning because it is a very important document that most Americans don’t have.  If you’ll remember, there was a rather well known dispute that occurred a few years ago in Florida between a husband and his former wife’s family regarding whether or not to keep the former wife on continued life support. 

Unfortunately, the courts were forced to intervene because the husband contended that his wife had no desire to be kept alive on life support while her family insisted that she was responsive and would have wanted to explore all possible options for recovery.  While the dispute ultimately revolved around the responsiveness of the individual on life support, odds are that a significant portion of the dispute would have been resolved if a properly executed physician’s directive was in place. 

In Texas, a physician’s directive allows you to make your wishes known to your family and physicians regarding your treatment if you have an irreversible or terminal condition and whether or not you wish to receive support.  It also defines what you consider a terminal condition or irreversible condition to be.

Health Care Power of Attorney

Minimizing intervention

Who do you want making decisions regarding your medical care if you become incapacitated?  That is the primary question that the Medical Power of Attorney addresses.  This important document allows you to designate that individual or group of individuals in advance so that court or other intervention is minimized if not unnecessary. 

When you designate these individuals, this document allows you to also place limits on their ability to make decisions so that those decisions are, for example, consistent with your wishes expressed in your Directive to Physicians.

HIPAA Release

Arranging for sharing of your health records

The Health Insurance Portability and Accountability Act (“HIPAA”) is the Federal law that primarily protects the privacy of your health records and medical treatment.  This document is important because it allows the persons you designate to receive information about your health conditions and medical care if you become incapacitated. 

While the Medical Power of Attorney authorizes someone to make medical decisions on your behalf, more and more medical facilities require a separate HIPAA release in order for others to receive information about your health both past and present.

Declaration of Guardian

In the event that you can't care for yourself

This document allows you to designate an individual or group of individuals in advance to oversee your business affairs and personal life.  As the name suggests, guardians are tasked with ensuring your well being in the event that you cannot take care of yourself.  The Declaration of Guardian also minimizes costs by making it easier for the person designated to be appointed as your guardian based upon your desires expressed in advance.  This document, like most of the ancillary estate plan documents, takes effect upon your incapacity.

Statutory Power of Attorney

Protecting your business

This document gives the person you designate the power to enter into numerous personal and business transactions, as you choose, on your behalf if you become incapacitated.   Think of the Statutory Power of Attorney in this way: if you could enter into a contract, open an account, or sell your property, so can the individual you grant Statutory Power of Attorney authority to. 

In other words, the person holding this power can perform virtually any act that you could before you became incapacitated.  Though it almost always takes effect upon your incapacity, you can always revoke the declaration if you later become capable of making decisions for yourself or, of course, prior to incapacity.

Call us today to discuss your estate planning.  Each case requires individual analysis; you may not need each item or document listed above.