Ancillary Documents for Estate Planning

A complete estate plan will include additional documents, other than powers of attorney. These additional documents support your Powers of Attorney and help ensure that your wishes are honored both during life and after death.

Additional Estate Planning Documents

Health Insurance Portability and Accountability Act (HIPAA) Consent

HIPAA is a federal law that sets a national standard to protect medical records and other personal health information; it ensures that your health records are kept confidential. A HIPAA Release, or HIPAA Consent, names the people to whom doctors and hospitals are allowed to release your protected health information. This is extremely important for your agents under your medical power of attorney, so they can be fully informed in making your health decisions. It is also important for your agents under your financial power of attorney, so they can make sure the hospital or medical billings match the treatment actually received.

Designation of Guardian in the Event of Incapacity

In some cases, the incapacity of an adult falls to the level that the person needs to have someone appointed by a court to be legally responsible for them. Perhaps they have Alzheimer’s, or have sustained a brain injury, or they are making decisions that are unhealthy or dangerous to themselves or others. The Designation of Guardian allows an individual to name whom they would want to be their guardian if this ever happened to them. Sometimes more importantly, this document allows an individual to name the person whom they would absolutely not want to be in that position, due to estrangement or differing values.

Directive to Physicians

Often called a “Living Will,” this document allows you to state your wishes regarding the application of life-sustaining measures if you were to suffer from a “terminal condition” or an “irreversible condition.” Both of these terms are specifically defined in the document, and you may personalize the instructions to your doctors based on your desires or any known health issues.

Appointment of Agent for Disposition of Remains

After a person passes away, his or her spouse generally has the authority to determine what is done with the decedent’s body.  However, if the decedent does not have a spouse, or doesn’t want to name the spouse in this position, then it is important to state exactly who has the authority to contract with funeral homes, arrange for organ donation, or consent to cremation.  The agent under this document has the ability to be reimbursed from the deceased person’s estate for costs taken in accordance with the decedent’s final wishes, which are set out in the document.

Additional Documents to Consider

Some folks may consider preparing the following additional documents, depending on their goals and needs:

• Community Property Survivorship Agreement — Many people believe that if their spouse dies, they will automatically inherit the deceased spouse’s half of the family home or other assets.  This is not true; a probate is typically required to ensure that the title to the home is 100% in the name of the surviving spouse.  However, a surviving spouse can avoid probate and receive the full title to the home if both spouses sign a Community Property Survivorship Agreement and file it in the county deed records.
• Transfer on Death Deed — This document is used to pass a home or other piece of land to a beneficiary, without the need for probate.  It must be signed and recorded in the county deed records.  When the owner dies, an Affidavit of Death is filed, and the title easily passes to the named beneficiary.
• Beneficiary Designation for Motor Vehicles — The Texas DMV provides a free form (Form VTR-121) to allow an owner to pass an automobile to a named beneficiary, without the need for probate.  The form must be signed and filed with the county tax assessor’s office prior to the owner’s death.

Work With Experienced Texas Estate Planning Attorneys

Hammerle Morris estate planners are happy to walk through the complexity of every estate planning document, so each client is satisfied that the right combination of documents has been prepared, and the best decisions have been made for the client’s unique situation.