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Smith & Garg - Spring Estate Planning Lawyers

ADVANCED DIRECTIVES

In Texas, it is commonplace to have other documents called "Advanced Directives" prepared along with the Will such as a Statutory Durable Power of Attorney, a Medical Power of Attorney for Health Care, and a Directive to Physician and Family or Surrogate. The Statutory Durable Power of Attorney is a document that is intended to take effect in the event that a person becomes incapacitated and is unable to manage his financial and/or medical affairs. This document allows for an “attorney in fact” to step in and handle your affairs temporarily as need be. The powers allowed for in this type of document are broad and sweeping and special care needs to be exercised when choosing your attorney in fact since that person will have all the power that you would in any circumstance.

A Medical Power of Attorney for Health Care has the same procedural effect as a Statutory Durable Power of Attorney, except it speaks to medical care only. The practical effect of this document is that, while incapacitated, your designate has the authority to direct your medical care such as authorizing invasive procedures and other types of treatments that you are incapable of authorizing due to your incapacity.

A Directive to Physician and Family or Surrogate is utilized as a tool to express your wishes in advance with respect to medical treatment when you are close to death – for example, whether you would like to die a natural death, or whether you would like to be kept alive by artificial means, and for how long. Advanced Directives are useful primarily because no court intervention is required, as your wishes will be formalized just as in a Will. The primary benefits of Advances Directives are that your wishes are carried out even when you cannot express them and the guesswork on the part of friends and relatives is removed from the equation when your loved ones are attending to your needs

Overall, there are a multitude of issues with regards to Wills, Trusts and Advanced Directives, and to make sure that you are doing everything you can during your lifetime to prepare for what will happen after you have passed, contact a Spring estate planning lawyer at Smith & Garg today to get this process started and to protect the future of those you love.

Please contact our office to see how we can assist you. Learn more about our Areas of Practice.