Powers of Attorney

Many Texans are aware of the need for a “power of attorney” as part of a complete estate planning package including wills and trusts. However, the differences between varieties of powers of attorney are sometimes confusing. It is advisable to contact an experienced elder law attorney to discuss your entire estate planning picture.

Houston, Texas elder law attorney, Christina Lesher, offers initial consultations to discuss the various types of powers of attorney that will allow others to handle your financial and medical decisions should you become incapacitated.

Powers of attorney that may apply most appropriately to your overall situation include:

• Durable powers of attorney
  • Statutory Durable Power of Attorney– This is the form promulgated by the Texas Legislature for designating an agent empowered to take certain actions regarding your property and finances. The statutory basis of this form is Texas Probate Code §490.
  
  
• Medical powers of attorney (including those known as “living wills” and “advance directives”)
  • Medical Power of Attorney with Required Disclosure Statement– This is the form promulgated by the Texas Legislature for designating an agent to make medical decisions for you. The statutory basis of this form is Texas Health and Safety Code §§166.163 and 166.164.
  • Directive to Physicians and Family or Surrogates– This is the form promulgated by the Texas Legislature for indicating your wishes in the event you are diagnosed with a terminal or irreversible condition. The statutory basis of this form is Texas Health and Safety Code §166.033.
  • HIPAA Authorization and Release- allows designations for agents to access your medical records.
  
  
• Limited powers of attorney
  • Appointment of Agent to Control Disposition of Remains– This is the form promulgated by the Texas Legislature for expressing your wishes regarding funeral arrangements and designating an agent to handle those arrangements. The statutory basis of this form is Texas Health and Safety Code §711.002.

For an informative discussion with a lawyer regarding the most advantageous powers of attorney and other smart estate planning components, contact the Law Office of Christina Lesher.

The Law Office of Christina Lesher offers a full array of elder law services in the Houston, Texas area, serving residents of Houston and nearby communities such as Fort Bend, Galveston, and Sugar Land.

Harris County • Fort Bend County • Galveston County