We always recommend that clients execute a durable general power of attorney when completing their estate planning. The purpose of which is to attempt to avoid a guardianship on his or her assets in the event of their incapacity. A durable general power of attorney would likely allow the management of the person's assets without court involvement. However, in case a court determined that a guardianship on a person’s assets was necessary, that person could have executed a “Declaration of Guardian” to indicate who that person would want the court to appoint as his or her guardian (both for their assets and also for themselves, personally). Should a person also have minor children, then he or she could also execute a Declaration of Guardian for Children to indicate who they would want to serve as the Guardian for their children should such become necessary while that person was alive but incapacitated.
This is a form which was created by the Texas legislature which we give to clients free of charge and which allows an individual to name those persons he or she wants to make medical decisions for them in the event of their incapacity.
This is also a form which was created by the Texas legislature which we give to clients free of charge whereby an individual directs how he or she is to be cared for in the event of a terminal illness where this individual is incapacitated.