Planning for Incapacity

What does incapacitated mean? 

Incapacity is defined by the Texas Estates Code to mean “substantially unable to provide food, clothing, or shelter for yourself, to care for your physical or mental health, or to manage your financial affairs.” 

How can you plan for future incapacity? 

You should have a Statutory Durable Power of Attorney appointing an agent to manage your financial affairs should you become incapacitated. 

You should have a Medical Power of Attorney appointing an agent to make medical decisions for you should you become unable to make your own medical decisions. 

You should have a Directive to Physicians (also known as a Living Will) expressing your wishes regarding life support issues should you become terminally ill or suffer from an irreversible condition from which you are expected to die without the use of life support. 

You should have a Declaration of Guardian in the Event of Later Incapacity naming the person(s) you wish to serve as the court-appointed guardian of your person and estate should the need ever arise. 

You should have an Authorization to Release Medical Information authorizing your agent under your Medical Power of Attorney to access your medical records. 

You may wish to have an Out of Hospital Do Not Resuscitate Order alerting others that you do not wish to be resuscitated should you stop breathing.

Where should you keep these important documents? 

You should keep the originals in a safe place such as a safe deposit box or fireproof box in your home.  You should give photocopies to your named agents and tell them where to find the originals.