Estate planning is an area that people often shy away from, and for good reason. Death is an area that society tends to be uncomfortable with. Some are worried about legal fees, while others are confused by the legal system and how it handles probate and estate after death. However, taking the steps to properly prepare your estate plan is one of the most vital decisions you can make to protect both yourself and your loved ones. At Pratt, Mong & Lee, our attorneys provide assistance with basic estate planning tools including:

• Last Will and Testament
• Durable Power of Attorney
• Directive to Physician
• Medical Power of Attorney
• Declaration of Guardianship
• HIPAA Release Drafting
• Appointment for Disposition of Remains
• Trusts

Last Will and Testament

A will is a legal document that allows you to name the heirs who will receive your real and personal property after you pass on. You can also name who will care for your minor children, as well as who will settle your estate. However, wills have certain requirements that must be met in order to be valid; having an attorney handle the creation of a will  helps you ensure that there will be no problems later on.

Durable Power of Attorney

Power of attorney allows another individual to act for you in the event that you become incapacitated. As the principal, you decide what authority and how much authority the attorney-in-fact may have. An attorney-in-fact can have general authority over all of your personal and financial matters, or he may be limited to having authority in particular, well-defined  situations.

Anyone may be designated as an attorney-in-fact, as long as he or she acts in good faith. Please note that the actions of the attorney-in-fact are considered as those of the principal. As the attorney-in-fact is not regulated by the court system, it is especially important that the document creating power of attorney contains special prohibitive language. Examples include restricting the actions of attorney-in-fact, and requiring the attorney-in-fact  to maintain accurate and complete records.

Directive to Physician

A living will, or "directive to physician", establishes your decisions regarding your medical care at the end of your life. Depending on your wishes and values, you can decide whether or not life sustaining treatments are administered. Without a living will, your loved ones may argue over this and the fight can even go to court. A living will is a way to ensure your end of life wishes will be respected.

Medical Power of Attorney

A sudden illness or injury can change your life at any time, leaving you unable to make healthcare decisions on your own. For this reason, it’s wise to establish a medical power of attorney to do so on your behalf. A medical power of attorney designates am individual to make any and all healthcare decisions on your behalf, including applying for public benefits, depending on what you decide to include in your medical power of attorney.

Declaration of Guardian

A declaration of guardianship document tells the court who you want to serve as a guardian for your estate, your person, your minor children, or your incapacitated adult children in the event of your death. The appointed “guardian” has the authority to make legal decisions on another’s behalf and it ensures the interests of incapacitated adults are protected, too. In Texas, parents may name guardians for their children either within their will and in a separate document. For a better understanding of the legal implications of guardianship, it’s important to retain the legal counsel of an estate planning attorney experienced in drafting enforceable guardianship declarations.

HIPAA Release Drafting

A complete estate plan should include documents to protect future medical care in the event you become incapacitated and can no longer make your own healthcare decisions. Even if your estate plan includes a directive to a physician, effective medical directives often require further information that cannot be disclosed unless you sign a HIPAA (Health Insurance Portability and Accountability Act of 1996) release document. The purpose of HIPAA is to protect patients’ private medical information. Only a valid HIPAA release will allow your medical information to be passed to whomever you would like to oversee your medical care. If you want to ensure your future medical care is left in trusted hands, it’s important to seek the legal advice of a qualified attorney.

Appointment for Disposition of Remains

A comprehensive estate plan may also include an appointment for disputation of remains. This document details how you would like your bodily remains to be handled upon your death, as well as any funeral arrangements. This document is legally binding and names your agent who will carry out your wishes. Without this document, Texas law has a list of who will be responsible for the cost of interment, starting with the decedent’s surviving spouse, followed by his or her surviving adult children, either of the decedent’s surviving parents, his or her surviving siblings, and so on.

Trusts 

A trust is a legal relationship where a person or qualified trust company (trustee) retains property for the benefit of another (known as the beneficiary).  A trust allows you to provide for people who cannot provide for themselves (like minor children), while putting control over the property into the hands of a responsible person. The property can be any kind of personal or real property, including but not limited to: money, real estate, bonds, collections, personal possessions or even automobiles. While a trust gives the trustee legal title to the trust property, they are not the full owners of the property. Trustees are required to use the property as provided for in the trust agreement.

Pratt, Mong & Lee Law Firm is proud to provide estate planning services to Houston, Texas and the surrounding areas. We work with our clients to create a comprehensive, straightforward estate plan specific to their needs.  Contact us today if you need assistance with your will, trust or other estate planning needs.