Practical Realities of Dying – From a Probate Lawyer's Perspective Common Documents and Related...
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Transcript of Practical Realities of Dying – From a Probate Lawyer's Perspective Common Documents and Related...
Practical Realities of Dying – From a Probate Lawyer's
Perspective
Common Documents and Related Issues
John H. PhillipsBoone, Boone & Phillips, L.L.P.
“Disclaimer”
I am not offering legal advice nor representing anyone.
I hope as a result of our discussion that you will take these matters to heart and talk with your family and loved ones.
I hope I can motivate you to follow up on our discussion by contacting your own advisors and taking action.
Forms are for demonstration and discussion purposes only.
Documents for Discussion
Medical Power of Attorney
HIPAA Release and Authorization
Directive to Physicians and Family or Surrogates
DNR (Do Not Resuscitate Order)
Last Will and Testament
Appointment of Agent to Control Disposition of Remains
Medical Power of Attorney
“Statutory” Texas form Mandatory form Revocable Effective only If I cannot
make own decisions May be suspended by
Court in guardianship
HIPAA Release Health Insurance Portability
and Accountability Act
Federal law that includes protection against release of health information
Not a “standardized” form
There are penalties for violation – do not expect insurance companies & health providers to bend the rules for you
Directive to Physicians Statutory
Texas form
Not “mandatory” form
Revocable
Terminal / irreversible condition – death expected
Discontinue treatments except for comfort – OR -
Keep me alive
Talk with family!!
DNR – Do Not Resuscitate
Statutory
Texas form
Mandatory form
Physician signs
If you have a DNR – be sure to wear proper DNR wrist or neck ID at all times – otherwise health providers must attempt life saving procedures
Last Will & Testament
Name Executor to administer estate Name Guardian of minor children Tax Planning Dispose of property
Not all property covered by Will e.g., Life insurance, IRA's, retirement
plans, JTROS & POD accounts
Appointment of Agent to Control Disposition of Remains
Statutory, mandatory, Texas form
If Not – then who's in charge??
Whomever you name in signed document [e.g. your Will]
Spouse
Any adult Child
Either Parent
Any adult Sibling
Any adult next of kin
Where To Keep Things Keep originals in secure location – bank box
is my recommendation Keep copies at home for easy reference and
access Tell the people you've named – and
hopefully you asked them first! Tell them where the documents are Don't keep it a secret – this is no time for a
scavenger hunt!
misc. Consider writing
your own obituary – why risk what someone else may say about you
Consider a pre-paid funeral – save your family the stress
Eligible for burial in national cemetery – DD-214 is generally required
Organ, Tissue, Eye & Body donations
More misc! “Electronic executor” Computers! On line banking & brokerage accounts Passwords “My letter to Emily” “Old” papers Last But Not Least -
Saint Michael and All Angels Foundation