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The term “incapacitation” refers to a situation where someone cannot make important decisions about their life, health, or finances due to a mental or physical limitation.
Incapacitation isn't always permanent or total. Someone might be temporarily incapacitated (for example, during surgery), or they might be incapacitated for an indefinite period (such as situation where someone is in a coma).
To ensure that your wishes are followed even if you are incapacitated, we have included a Statutory Durable Power of Attorney, Medical Power of Attorney, Advance Directive to Physicians, and a Guardian Designation as part of your estate plan package.
A Statutory Durable Power of Attorney is a legal document that lets you (the "principal") choose someone you trust (your "agent" or "attorney-in-fact") to handle your financial matters if you are unable to do so yourself. These financial matters can include decisions relating to real estate transactions, business affairs, tax matters, and other related financial decisions.
A Medical Power of Attorney allows a principal to authorize an agent to make medical decisions on behalf of the principal. The agent appointed in the Medical Power of Attorney has the authority to make decisions regarding the principal's medical treatment, including decisions about surgery, medication, and other healthcare interventions. The agent is expected to make decisions based on the principal's known wishes or, if those are unknown, in the principal's best interests.
An Advance Directive to Physicians, commonly known as a Living Will, is a legal document that allows individuals to provide instructions regarding their medical treatment preferences in the event that they become unable to communicate or make decisions due to a terminal or irreversible condition. The client can select either to be kept on life-sustaining treatment (i.e. life support), or to only be given medical treatment to keep the client comfortable and allow them to pass away gently.
A Guardian Designation allows you to legally specify who should care for your minor children and yourself if you're unable to do so yourself, perhaps due to death or incapacitation. In Texas, this document lets you name both a guardian of the person (who would raise your child and make daily decisions) and a guardian of the estate (who would manage any assets belonging to your child).
In addition to stating what happens upon your incapacitation, your estate plan will include clear instructions regarding how your remains and assets are to be handled upon your death. The documents answering this question include: (1) Appointment of Agent for Disposition of Remains; (2) Last Will and Testament; and (3) Revocable Living Trust, if applicable.