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Recent Blog Posts
What to Consider When Setting Up a Do-Not-Resuscitate Order
When faced with the possibility of a serious medical emergency, you must consider your wishes regarding life-sustaining treatments. One aspect of this planning process is setting up a Do-Not-Resuscitate (DNR) order.
This legal document instructs healthcare providers not to perform cardiopulmonary resuscitation (CPR) or other life-sustaining measures if your heart stops beating or you stop breathing. While contemplating such a weighty decision can be emotionally challenging, it is a vital step in ensuring that your end-of-life preferences are respected and that you receive care aligned with your values and beliefs. A Texas lawyer can help you properly create your DNR order.
The Purpose of a DNR Order
A DNR order serves to honor an individual’s preferences regarding end-of-life care. It allows a person to express the desire to forgo invasive medical procedures that may prolong life but not necessarily improve its quality. By establishing a DNR order, individuals can ensure that wishes are respected and care that aligns with values and beliefs.
How Often Can You Change Your Power of Attorney?
Granting someone power of attorney is a major decision that gives them legal authority to act on your behalf. As life circumstances change, you may want to revise who you have appointed or modify the powers granted. In Texas, you can revoke or modify a power of attorney at any time as long as you are mentally competent. A Texas lawyer can help you make any changes to your estate plan or any legal documents as you wish to make alterations.
Revoking a Power of Attorney
Texas law allows you to cancel an existing power of attorney whenever you wish. The revocation must be accomplished through a written document signed by you or through the execution of a new power of attorney that expressly revokes the previous one.
Succession Planning for Family-Owned Businesses
As a family-owned business, you have poured your heart and soul into building a successful enterprise. However, have you considered what will happen to your business when you are ready to retire or in the event of an unexpected tragedy? Succession planning is vital to ensure the longevity and prosperity of your family-owned business. A Texas lawyer can discuss the importance of succession planning and how it can help protect your legacy under Texas law.
Why Succession Planning Matters
Succession planning is the process of discovering and fostering new leaders who can replace current leaders when they retire, leave, or pass away. For family-owned businesses, succession planning is particularly important because it helps ensure that the business can continue to thrive under the next generation's leadership.
Protecting Your Business from Liability in Texas
A successful business requires more than a great product or service and a strong work ethic. It also demands a proactive approach to managing risk and protecting the company from potential liabilities. Businesses face various legal threats that can arise from everyday operations, from customer disputes to employee injuries. A Texas lawyer can help you with the best ways to protect your business.
Choose the Right Business Structure
One of the first decisions you will make when starting a business is selecting the appropriate legal structure. In Texas, you can choose from several options: sole proprietorship, partnership, limited liability company (LLC), and corporation. Each structure offers varying levels of personal liability protection.
Durable Powers of Attorney in Estate Planning
Estate planning is crucial for ensuring your wishes are carried out, and your loved ones are taken care of in the event of your incapacitation or death. While many focus on creating a will or trust, it is equally important to consider establishing a durable power of attorney (DPOA) as part of your comprehensive estate plan. A Texas lawyer can help ensure you take all the necessary steps.
What is a Durable Power of Attorney?
A durable power of attorney is a legal instrument that enables you to designate a reliable person, an agent or attorney-in-fact, to handle your decisions should you become incapacitated or otherwise unable to manage your affairs. There are two types of DPOAs in Texas: one for financial matters and another for healthcare decisions.
Financial Durable Power of Attorney
A financial DPOA grants your chosen agent the authority to handle your financial affairs, such as managing bank accounts, paying bills, and making investment decisions. Unless otherwise specified, this document becomes effective immediately upon signing and remains in effect even if you become incapacitated.
Homestead Laws' Effect on Estate Planning in Texas
Homestead laws play a crucial role in estate planning and probate in Texas. These laws offer significant protection for homeowners and their families. A Texas lawyer can help you determine how homestead laws impact estate planning and probate and what you need to know to ensure your assets are protected.
Understanding Texas Homestead Laws
Texas homestead laws protect homeowners' primary residences from creditors and forced sale. A homestead may be classified as urban or rural, each with its own acreage restrictions. Urban homesteads are confined to 10 acres, whereas a rural homestead may have up to 100 acres for an individual or 200 acres for a family.
Homestead laws provide protection for the surviving spouse and minor children as well. The homestead property cannot be sold or divided as long as the surviving spouse is alive or any minor children reside at home.
Essentials of Estate Planning for New Parents in Texas
Becoming a parent is a life-changing event that comes with numerous responsibilities, including ensuring your child’s future is secure. As a new parent in Texas, estate planning may not be at the forefront of your mind, but it is crucial to protect your family’s well-being. A Texas lawyer can discuss the essential elements of estate planning that you should consider and help you draft the proper paperwork.
Drafting a Will
A will is the foundation of any estate plan. It allows you to designate how your assets will be distributed upon your death and, most importantly, who will become your child’s guardian. In Texas, passing away without a will (intestate) means that state laws dictate the division of your assets, which might not reflect your personal wishes. By creating a will, you maintain control over your estate and ensure your child’s future is secure.
Creating a Solid Business Continuity Plan in Texas
Protecting your operations from potential disruptions should be a top priority for business owners. Unexpected events like natural disasters, cyber-attacks, or even supply chain issues can significantly impact your ability to function and generate revenue. That is where a strong business continuity plan comes into play. A Texas lawyer can help you create a comprehensive strategy that outlines procedures and measures to minimize downtime, protect assets, and ensure operational resilience in the face of adversity.
Conduct a Risk Assessment
The first step in creating an effective business continuity plan is identifying and assessing potential risks specific to your organization and its location in Texas. Consider factors such as severe weather events like hurricanes, tornadoes, or flooding, which are common in some areas of the state. Evaluate the likelihood of power outages, data breaches, or other cyber threats that could compromise your systems.
How to Handle Estate Debts and Liabilities in Texas
When a loved one passes away, dealing with their estate can be an emotional and complex process. It is beneficial to understand how to manage the debts and liabilities of the deceased to ensure a smooth probate process. A Texas lawyer can guide you through the steps to handle estate debts and liabilities.
Understanding the Probate Process
The legal process of settling a deceased person's estate, which includes distributing assets and paying off debts, is called probate. In Texas, the initiation of the probate procedure occurs when the executor or administrator of the estate submits an application to the probate court in the county where the deceased was domiciled. During probate, the executor or administrator is responsible for identifying and paying off the estate's debts and liabilities before distributing the remaining assets to the beneficiaries.
What to Consider When You Choose a Power of Attorney in Texas
Selecting someone to act as your power of attorney (POA) is an important legal decision. If you become incapacitated, your POA agent will have the authority to handle financial, healthcare, and other personal matters. When choosing a POA, you should think carefully about who they feel most comfortable empowering to make potentially life-altering choices someday. A Texas lawyer can help you with key factors to weigh as you name your POA and how to fill out the paperwork correctly.
Consider Character and Judgment
Your POA agent needs to be someone with integrity whom you wholeheartedly trust to manage duties capably and make choices aligned with your wishes. Analyze whether potential candidates exhibit good judgment consistently. Reflect on how they handle their own responsibilities and if you esteem their decision-making process. Choose someone likely to carry out the role justly and faithfully because you rely heavily on their character.
14603 Huebner Rd., Bldg. 32, San Antonio, TX 78230
210-535-0870
