Power of Attorney Lawyer Katy Tx
Power Of Attorney Lawyer Katy
A power of attorney lawyer Katy is important for your estate planning process. Powers of attorney allow a client to act on behalf of a spouse or child when the spouse or child cannot do so for himself or herself. There are 2 types of powers of attorney: healthcare and financial. Each is explained below.
Healthcare Power of Attorney
A power of attorney for healthcare allows a spouse to make medical treatment decisions on behalf of, and obtain information about the condition of, a legally incompetent spouse. This is particularly important in cases of dementia, heart attack or stroke because the spouse may not have the mental capacity to understand what is happening to them or around them.
Without a power of attorney, the competent spouse will be forced to apply to a court for a guardianship of the person for the spouse. As a result, necessary medical treatment may be delayed and unnecessary expenses are incurred.
Parents and Children – Important
For parents with children just graduating from high school and heading to college in the fall, a child becomes an adult at 18 years of age. Once the child turns 18, you lose the all authority to make healthcare decisions on behalf of your child – even in the event of an emergency.
Moreover, you are not even entitled to be notified that your child is in the emergency room in the first place. A power of attorney for healthcare executed by your child in which you are designated as his or her agent will erase the helplessness you will feel if you do not take this simple, proactive step to protect your child.
Parental and Grandparent Rights
Do you send your minor child(ren) on vacation with grandma and grandpa during school breaks? Did you know that grandparents do not have the legal right to make healthcare decisions for their grandchild(ren) absent a power of attorney from you? Rath Law Office can prepare the proper document giving grandparents the authority to make healthcare decisions for your child while your child(ren) is (are) away on vacation with them.
Power of Attorney for Finance
What is a power of attorney for finance? When you execute a power of attorney for finance, you designate someone to make financial decisions on your behalf when you are unable to do so for yourself. You decide, in advance, how broad or narrow your agent’s power will be, when the power may be exercised, and for how long the power may be exercised. As with a power of attorney for healthcare, planning in advance for the unexpected provides you and your loved ones with peace of mind, and ultimately is less expensive than a court-ordered guardianship.
What is an Advance Directive? What is the purpose of an advance directive? An advance directive, also referred to as a living will, outlines your wishes for medical treatment in the event you are diagnosed with a terminal illness, such as traumatic brain injury or cancer.
By executing an advance directive, your loved ones are relieved of the burden of deciding whether to “pull the plug” because you have already made that decision.
A Health Insurance Portability and Accountability Act (“HIPAA”) authorization allows you to specify the individuals who can receive health-related information about you. But unlike a power of attorney for healthcare, a HIPAA authorization does not give the named individual(s) any authority to make healthcare treatment decisions for you.
A HIPAA authorization allows you to provide relatives and friends with access, during a specified period of time, to information about your condition after a major surgery. By making this decision in advance, your immediate family can be at your side, helping you to recover rather than making innumerable phone calls to family and friends to update them on your condition.
Designation of Guardian for a Minor
One of parents’ worst nightmares is leaving their minor children orphans. Many parents reduce the risk of such a situation occurring by the preparation of a will. If you have a will, the children will most likely be placed temporarily with relatives. After a short period, your will is probated and you will have (hopefully) identified in your will the individual(s) you want appointed as guardian of the children, and the court will ensure your wishes are followed.
What happens if you do not have a will? The children will most likely be placed temporarily with a relative by child protective services. But at some point, a foster parent or guardian will be appointed for the children. The question then becomes whether the relative is qualified to be that guardian under Texas law. Do you want to take that risk?
Or what if you, a single parent, become unable to care for your child(ren) because of a physical or mental injury which is permanent, leaving you unable to physically and/or financially care for your child(ren)? How will you ensure the safety and economic welfare of your child(ren)?
Fortunately, Texas law provides a way for you to eliminate the risk of the scenarios outlined above. Texas law allows parents to designate a guardian for their child(ren) before the need ever arises. If a guardian designation is prepared, then state law requires that the court appoint the person named in the document to serve as guardian, even if someone else may be entitled to serve as guardian.
There are only 2 exceptions under Texas law. In both cases, the court must find that the person designated to serve as guardian (1) is disqualified; or (2) would not serve the child(ren)’s best interests. At Rath Law Office, we think you will agree that providing for the safety and welfare of your child(ren) is of the highest priority! And your highest priority is our highest priority!
Call Rath Law Office Today for a Katy Power of Attorney consultation to keep your family safe.