Your Plan

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At Kosek Law, your complete estate plan consists of an appropriate Will coupled with Powers of Attorney. A power of attorney is an instrument by which one person (the principal) grants to another (the agent) the power to perform certain acts on his or her behalf. We recommend the following five documents for disability or incapacity planning.

The Texas Last Will and Testament is a legal document that outlines how you would like your assets to be distributed after your death. This document also allows you to name an executor who will be responsible for carrying out your wishes and distributing your assets as per the instructions in your Will. Additionally, a Will also enables you to appoint a guardian for your minor children, which is important in the event that you pass away and your children are left without a caregiver.

If you do not have a Will in place, the State of Texas will distribute your assets according to the statutory formula, which may not align with your wishes. This is called “Texas intestate succession” which means,  if you do not have a Will, the State of Texas has one for you! Hence, it is important to have a Will in place, even if you do not think you have many assets.

In this document, the Grantor names an Agent to make his/her business and financial decisions in case of later disability or incapacity. The Grantor chooses whether the Power of Attorney becomes effective immediately or upon the Grantor’s incapacity, as evidenced by the written certificate of two physicians. This document should be a required part of any disability plan.

In this document, the Grantor names an Agent to make health care decisions for the Grantor if he/she is unable to do so. These decisions may include choice of doctor, hospital, nursing home and/or whether to have an operation. A copy of this document should be given to your primary physician.

This document is more commonly known as a Living Will. It is an expression of the Grantor’s wishes that he/she will be allowed to die without the application of life support systems in case of a terminal illness, a coma, or persistent vegetative state. A copy of this document should be given to your primary physician.

This document is required by the Insurance Portability and Accountability Act (“HIPAA”). With this release, you may designate the individuals who have authority to gain access to your medical information. A copy of this document should be given to your primary physician.

In the event that you should become incapacitated and cannot manage your affairs, you would probably want an individual of your own choosing, not one the courts have chosen for you, as your guardian. Specifying who that person will be is the purpose of the declaration of guardian, which also helps maintain family harmony and avoids disputes among your loved ones over who should assume responsibility for your care.