Other Documents in Addition to the Last Will and Testament
Memorandum Regarding Personal Belongings
The form entitled Memorandum Regarding Personal Belongings is a very simple form. It is a list of the persons you wish to receive your important personal belongings when you pass away. The list is not a Will, nor will it be a Codicil to your Will. Rather, it is simply a memorandum to the persons who survive you regarding the disposition of certain personal items.
Statutory Durable Power of Attorney
The Statutory Durable Power of Attorney is a very powerful document designed to allow the designated person or persons to manage your financial affairs. The agent you name has the power to buy and sell real estate, open and close bank accounts, and sign your tax returns. These are just a few of the powers you will be giving to your agent. Accordingly, your agent needs to be a person you trust completely. Each person you choose to act as your agent needs to be a person you trust completely. Before you sign your power of attorney, please review it carefully to make sure you are comfortable granting all of the listed powers.
Medical Power of Attorney
The Medical Power of Attorney allows the designated person or persons to consent to medical care on your behalf should you suffer an injury or become mentally disabled and cannot make or communicate medical decisions. The Medical Power of Attorney is designed to become effective if you become unable to make your own health care decisions. This fact is certified in writing by your physician. The agent you appoint may consent, refuse to consent or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life‑sustaining treatment. Unless you state otherwise, your agent has the same authority to make decisions about your health care as you would have had.
HIPAA Release
The HIPAA Release allows the designated person or persons to obtain all medical information about you which are otherwise confidential. This form is designed to negate a new privacy law, known as the Health Insurance Portability and Accountability Act, which makes it difficult for anyone other than you to obtain this type of information.
Directive to Physicians and Family or Surrogates
The Directive to Physicians and Family or Surrogates (also known as a "Living Will" or an "Advance Directive") is a form created by the Texas legislature. In the Directive to Physicians and Family or Surrogates, you are asked to make certain choices regarding the types of medical treatments that will be provided to you under certain circumstances. Definitions of conditions and treatments may be found on the last page of the Directive to Physicians.
Declaration of Guardian Form
The Declaration of Guardian form is designed to allow you to designate who will be allowed to serve as the guardian of your person and of your estate should one ever need to be appointed. Hopefully, you will never need to make use of this document, but if you do, the judge will be aware of your thoughts and desires.
Declaration of Guardian for Children
The Declaration of Guardian Forms allow you to name a person or persons to serve as guardians for your children in the event both of you pass away or become incapacitated before your children all reach the age of majority. As you are probably aware, your children will live with the guardian or guardians you have named, and any property which passes to your children upon your death or upon the death of any other person will be held by the guardian or guardians you have named (unless other arrangements are made- such as a trust or custodial account- by the person making a transfer to your children).