Incapacity Planning Documents Under Texas Law

Estate planning is not only about what happens after death.

It is also about what happens if you are alive but unable to make decisions — even temporarily.

Incapacity planning is one of the most important parts of a Texas estate plan because it:
✅ protects your health decisions
✅ protects your finances
✅ prevents court involvement
✅ and gives your family clear authority during emergencies

Without incapacity planning documents, families may have to pursue guardianship through the court to gain decision-making authority.

What Does “Incapacity” Mean?

Incapacity can occur due to:

• illness

• injury

• surgery complications

• dementia

• stroke

• or other medical events

Even short-term incapacity can create major problems if no authority exists for bills, accounts, or medical care.

Key Texas Incapacity Planning Documents

✅ Medical Power of Attorney

This document allows a trusted person to make healthcare decisions if you cannot.

It is often needed during hospitalization or major medical treatment.

✅ Durable Financial Power of Attorney

This allows a trusted person to handle financial matters such as:

• banking

• paying bills

• managing property

• signing legal documents

It is essential for preventing financial disruption.

✅ Advance Directive / Directive to Physicians

This document communicates your wishes regarding medical treatment and end-of-life care.

It can reduce uncertainty and protect family decision-making.

✅ HIPAA Authorization (When Included)

This helps your trusted people access medical information to make informed decisions.

Why Incapacity Planning Is a Family Protection Tool

Incapacity planning reduces:

• emergency confusion

• family conflict

• legal delays

• and unnecessary court proceedings.

It is one of the most meaningful gifts you can give your loved ones.

Ready to create or update your Texas estate plan?
Estate planning is one of the most meaningful ways to protect your family, your values, and your long-term stability. The right plan creates clarity — not confusion.

Helpful resources:

👉 Estate Planning Overview for Texas Families
👉 Estate Planning Readiness Checklist for Texas Families
👉 What to Expect During an Estate Planning Consultation in Texas

 
If you’re ready to start planning, Schedule your consultation to build a personalized estate plan aligned with your goals.