Getting Started
Legal Documents
Elder Law Specialists
Order Resources
Helpful Links

Getting Started

The first step is getting organized. Gather all of your important legal and financial documents-like account statements, tax returns, insurance policies and cards, deeds, titles and wills. Create a contact list with the names, numbers and emails of any professional advisors you might have-like accountants, insurance specialists, financial planners and lawyers. Keep them all in a safe place and make copies.

Make sure you tell a trusted family member, friend or lawyer where you keep your documents and ask them to keep duplicate copies for you. Notify your advisors that this person has permission to access information in the event of an emergency.

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Legal Documents

Legal documents ensure that others respect your choices by documenting how you want your affairs to be handled in the future.

• Wills and trusts describe how you would like your money and property handled when you pass on. Wills and trusts, like many legal documents, are complex. Most of the time, you'll need a lawyer to draft and execute them. Wills and trusts give you peace of mind knowing that your wishes will be respected and that your family will not have to make difficult decisions for you.
• Advance directives are written instructions that describe your health care preferences or name someone to make decisions about your medical treatment if you become unable to do so. The State of Texas recognizes four types of advance directives:
  • Living wills (or more officially, "Directives to Physicians and Family or Surrogates") tells your doctor and other health care providers if and when you want to be given life-sustaining treatment, such as mechanical breathing, tube feeding and resuscitation. You do not need a lawyer to create a living will in Texas.
  • Medical power of attorney (formerly known as "durable power of attorney for health care") is a legal document that allows you to appoint another person to make health care decisions for you, if you should become temporarily or permanently unable to make those decisions yourself. This entrusted person will use your living will as a guide, but also make decisions should unexpected events arise that are not addressed in your living will. If you do not appoint a medical power of attorney, decisions fall on your spouse, then your parents or adult children.
  • Mental health treatment declarations allow you to tell your doctor and other health care providers about your preferences and instructions regarding your mental health care treatment, if you are no longer able to make these decisions yourself.
  • Out-of-hospital do not resuscitate (DNR) orders direct medical personnel to not perform CPR or other heart-starting actions should your heart stop in an "out-of-hospital" setting.
• The booklet, Texas Advance Directives, contains in-depth information about advance directives and the types that are honored in Texas. You can order it by clicking here.
• Ethical wills are a way to pass on your legacy of beliefs, values, thoughts and memories to your loved ones. It has nothing to do with money or property. You simply write down what you want to share with family or friends.

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Elder Law Specialists

Elder law specialists focus specifically on the legal needs of older adults, like estate planning and power of attorney. An elder law specialist can help you map your long-term financial and medical needs and draw up the supporting legal documents. If you would like to speak with an elder law specialist, ask a trusted friend or advisor for a reference, contact the Houston Bar Association or search the legal directory at your local library.

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Order Resources

Click here to order educational resources on legal issues.

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Helpful Links

Aging with Dignity

Houston Bar Association

Mayo Clinic - Advance Directives and Living Wills

Texas Guardianship Association

The Legal Hotline for Texans

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