Yes. You need a statutory durable power of attorney and a medical power of attorney. Without these documents, you have no control over who makes decisions for you if you should become disabled or incapacitated and unable to handle your financial affairs or make your own medical decisions. The Court will step in and decide who your Guardian will be without these power of attorneys.
A Statutory Durable Power of Attorney lets you give another person the power to legally handle your affairs should you become disabled or incapacitated. You choose when this becomes effective. This Power of Attorney can take effect immediately and is not affected by your subsequent disability or incapacity OR it takes effect only upon your incapacity or disability.
For example, suppose you are seriously injured, you may not be able to pay bills or keep up with your financial obligations. A power of attorney allows a trusted family member or friend to handle financial matters and access accounts on your behalf.
A Medical Power of Attorney grants another person the legal authority to make medical decisions if you are unable to do so. This Power of Attorney ONLY becomes effective when you become disabled or incapacitated. It is a good idea to discuss your beliefs and wishes with this person so you can be sure they understand what you want.
Do You Need The Guidance Of An Experienced Estate Planning Attorney?
If you find yourself thinking more and more about how to preserve your assets for your family you should speak with an experienced estate planning attorney as soon as possible. Contact us online or call our Dallas office directly at 214.559.7202.