Wills and Power of Attorneys

A Will is a very personal legal document. Rarely are two wills ever identical because each of us has a different situation, estate, and beneficiaries.

I will meet and work with you to create the Will you have in mind. I will personally explain all the items in your Will and answer any questions you might have.

In addition I will create Medical or Durable Power of Attorneys and a Living Will, if you desire.

Joseph G. Parma

Frequently asked questions:

These are questions I am frequently asked when I do presentations. These answers are meant to be instructional but not all-inclusive. This does not constitute legal advice. Everyone is different, so if you do have a question about your own situation, contact me.

What is a Will?

The basic answer is a will is a legal document which states how the testator’s (the person whose will it is) property is to be distributed at death. A will can be simple or very complex depending on the size of the person’s estate or how the property might be distributed. But remember, a will allows the testator to leave property to the persons, charities, or whoever he or she desires. Without a will in Texas, property will be divided based on the law and the law does not play favorites.

Then what is a Living Will?

A Living Will is something completely different so do not confuse these two items. A “living will” is also known as a Directive to Physicians. Texas law allows any competent adult, by signing a Directive to Physicians, to instruct his or her physician to withhold or withdraw artificial life-sustaining procedures in the event of a terminal or irreversible illness or condition.

If you desire that your life not be artificially prolonged in the event of terminal illness, you should have a physician’s directive prepared for you. You should also consult with your physician about this topic and you should give a copy to your physician after you complete the directive.

Are my Funeral Plans a good idea to put in my Will?

In general, it is probably not a good idea. If you fail to tell someone where your will is and it is not found right away, then someone else might make different arrangements. See my HELPFUL DOCUMENTS for a general information form that you can fill out with this sort of information. Then give the form to someone so they know your wishes.

My Will is over 10 years old and I want to add my grandchildren as a beneficiary, is my will still good?

It is a good idea to review all of your legal documents, life insurance and any sort of plan or account you have on a regular 3-5 year basis.

Your will is still good but considering the changes in your planning and the possible changes in your estate in the last 10 years a review of your will by an attorney would be a good idea and would give you some peace of mind as well.

I’m confused about different types of Power of Attorney, can you explain the basics?

A Power of Attorney is a legal instrument by which one person (the principal) grants another person (the agent) the power to perform certain acts on his or her behalf. The two common types are the medical power of attorney and the durable power of attorney.

• Medical Power of Attorney: grants the agent the power to make health care decisions for the principal if he or she is unable to make them, for example, if you were in a coma, or incapacitated by a stroke.
• Durable Power of Attorney: grants the agent one or more types of specific powers to perform on behalf of the principal. The principal can elect to have the power of attorney effective immediately upon signing or only upon the principal’s future disability or incapacity.

Remember a Power of Attorney gives another person power to make decisions or conduct transactions on your behalf. Know what you are granting, signing, and choose your agents wisely. If you are going to grant someone power of attorney it is best to discuss these matters with them so they know what your wishes would be.

Once again this was brief general information and not meant to be legal advice. The State of Texas has many rules concerning Wills and Power of Attorneys that have not been mentioned here. Consult me or another attorney for more complete answers.