Every Texas adult over 18 needs six core estate planning documents: a will, a statutory durable power of attorney, a medical power of attorney, a Directive to Physicians, a HIPAA authorization, and a declaration of guardian. Together they decide who handles your money, who makes medical decisions, and who receives what you leave behind if you cannot speak for yourself.
You can choose your estate plan, or take the no-plan estate plan and let the state and a judge decide. These six documents are how you choose.
Why estate planning is not just for the wealthy
Estate planning is not only about what happens after death. Most of these documents protect you while you are alive: after an accident, during a serious illness, or as you age. Without them, your family may need to go to court for a guardianship just to pay your bills or talk to your doctors. That process takes time, costs money, and puts a judge in charge of decisions you could have made yourself.
A new diagnosis, an upcoming surgery, a new baby, or a child turning 18 are all good reasons to put these documents in place. The best time, though, is while you are healthy and nothing is urgent.
The six documents you need for estate planning in Texas
1. Last will and testament
Your will names an executor to manage your estate, says who receives your property, and can name a guardian for your minor children. If you die without a will in Texas, state law decides who inherits, and the results often surprise families. For example, if you are married with children from a prior relationship, your share of community property passes to your children rather than your spouse.
A Texas will must generally be signed in front of two witnesses. Adding a self-proving affidavit, signed before a notary, makes probate simpler for your family. Learn more about what happens if you die without a will in Texas.
2. Statutory durable power of attorney
A statutory durable power of attorney names an agent to handle your financial and legal affairs: paying bills, managing bank accounts, filing taxes, and dealing with property. "Durable" means it stays in effect if you become incapacitated, which is exactly when your family needs it. Without one, a court-appointed guardian may be the only way for someone to manage your finances. Read more about the statutory durable power of attorney.
3. Medical power of attorney
A medical power of attorney names the person who can make health care decisions for you when your doctor determines you cannot make them yourself. Choose someone who knows your values, can stay calm under pressure, and is willing to follow your wishes even when they would choose differently. Name a backup, and talk with both of them now. Learn more about the medical power of attorney.
4. Directive to Physicians (living will)
The Directive to Physicians and Family or Surrogates is the Texas form of a living will. It records your wishes about life-sustaining treatment if you have a terminal or irreversible condition. It works hand in hand with your medical power of attorney: the directive states your wishes, and your agent makes sure they are followed. Families who have one are spared from guessing during the hardest moments. Watch why a Directive to Physicians matters.
5. HIPAA authorization
Federal privacy law (HIPAA) limits what doctors and hospitals can share, even with your spouse or adult children. A HIPAA authorization names the people who can receive your medical information, so they can stay informed and help coordinate your care. It is especially important for young adults: once a child turns 18, parents lose automatic access. Learn more about the HIPAA authorization form.
6. Declaration of guardian
If you ever need a guardian, a declaration of guardian lets you name who should serve and who should not. Courts give significant weight to this choice. It is a simple way to keep a family dispute, or the wrong person, out of your care. Parents can also sign a separate declaration naming a guardian for their minor children. Learn more about the declaration of guardian and who would care for your children.
Documents worth considering beyond the core six
- Revocable living trust: avoids probate, keeps your plan private, and is especially helpful if you own property in more than one state. See do I really need a trust?
- Appointment of agent to control disposition of remains: names who makes decisions about your funeral, burial, or cremation.
- Memorandum for personal property: a written list of who should receive keepsakes and heirlooms. See how to write a memorandum.
- Updated beneficiary designations: life insurance and retirement accounts pass by beneficiary form, not by your will, so they need to match your plan.
When to review your estate plan
Review your documents every few years and after any major life change: marriage, divorce, a birth or adoption, a death in the family, a move to Texas from another state, a new business, or a significant change in your health or wealth. Read more about how often to update your will.
Frequently asked questions
Do I need an estate plan if I'm single or don't have children?
Yes. Without a will, Texas law chooses who inherits. Without powers of attorney, no one, including a parent or partner, has automatic authority to handle your money or medical care if you are incapacitated.
At what age should someone sign these documents?
At 18. Once a child becomes a legal adult, parents cannot automatically access their medical information or manage their affairs. A medical power of attorney, HIPAA authorization, and durable power of attorney are especially important for college students.
Can I use online forms?
Texas publishes statutory forms for some of these documents, but small mistakes in signing, witnessing, or wording can make them ineffective when your family needs them most. An estate planning attorney makes sure the documents work together and fit your family.
