Experienced Texas Elder Lawyers

Powers of attorney are an effective way of ensuring that someone you trust can make important decisions on your behalf, should you become unable to express your wishes. For more than 30 years, attorney Thomas W. McCulloch has been serving people in Houston and the surrounding area.

Today, the law firm of McCulloch & Associates provides effective representation for all legal matters pertaining to estate planning and elder law. We have the knowledge and experience to effectively serve you. Contact our offices today to discuss your legal concerns.

The Benefits of Planning For Possible Future Incapacity

Planning for incapacity is an important part of estate planning. If you were to have a stroke, heart attack or develop dementia which left you temporarily or permanently unable to make decisions, who would take care of your affairs? A power of attorney can lessen the burdens on your loved ones. Without proper planning, your family members may have to go to court to have someone appointed to act for you if you become incapacitated. By naming someone to act in the event of your future incapacity, you can select the person you want to act on your behalf. Powers of attorney may also protect your family from conflict, confusion and a potentially costly probate court proceeding.

Effectively Preparing Powers of Attorney

We routinely prepare a variety of powers of attorney to effectively address our clients' needs and concerns.

• Medical Power of Attorney: A medical power of attorney is a legal instrument, providing one person with the authority to make essential health care decisions for another in the event of an emergency. It can include decisions involving surgery, blood transfusions, Do Not Resuscitate (DNR) orders, respirators, diagnostic tests and other medical care.
• Financial Power of Attorney: A financial power of attorney grants one person the authority to make decisions regarding another's financial affairs. You can give your agent as much control as you want over your finances. It can include the power to write checks and pay bills, invest your money, manage your retirement accounts, collect Social Security or other benefits, file and pay your taxes, manage real estate and perform other financial activities.
• General Power of Attorney: As suggested by the name, a General Power of Attorney grants one person with the authority to make decisions regarding all aspects of another's life.

Providing Knowledgeable Guidance Regarding Powers of Attorney

Although generally these are very effective instruments, it is important to note that there are some limitations to relying on powers of attorney to protect yourself and your loved ones. Powers of attorney provide a great deal of power and control to another person. It is important to choose the person you are designating carefully. The person you name as your agent in a power of attorney should be someone that you trust completely to act according your wishes and best interests.

Additionally, a power of attorney is only effective as long as a person chooses not to revoke it. If you will be caring for an elderly loved one, this can become a challenge. An aging parent may choose to revoke the power of attorney at a time when the powers provided are most necessary.

Before making any decisions, it is a good idea to speak with a knowledgeable elder law attorney. Contact our offices today to discuss your concerns related to powers of attorney.