Form: Medical Power of Attorney (Rebekah Brooker)
Description: Statutory Form used to name an agent to make medical treatment decisions for you, should you later become incapacitated. Can avoid the need for a Guardian of the Person. Signing: Requires two adult witnesses (one of whom must be qualified) or a notary. Form document from the Texas Guardianship Manual 4th Edition provided compliments of TexasBarBooks.
Form: Directive to Physicians/Living Will (Rebekah Brooker)
Description: Statutory Form used to specify whether life support will be withheld or withdrawn when you are incapacitated and are in a “terminal condition” or an “irreversible condition.” Can avoid the need for a Guardian of the Person if an agent is named. Signing: Requires two adult witnesses (one of whom must be qualified) or a notary. Form document derived from the Texas Guardianship Manual 4th Edition provided compliments of TexasBarBooks
Form: HIPAA Authorization for Release of Protected Health Information (Rebekah Brooker)
Description: Authorizes your health providers to release your Private Health Information to designated persons in compliance with federal HIPAA requirements. Signing: Requires only your signature. Form provided compliments of the Dallas Volunteer Attorney Program of Legal Aid of Northwest Texas
Form: Statutory Durable Power of Attorney (Greg Sampson)
Description: Names an agent or agents to handle your property and financial affairs, which can be effective upon signing or only upon becoming incapacitated and allows you to grant specific or all statutory defined powers. Can avoid a Guardian of the Estate. Signing: Requires a Notary. Form document from the Texas Guardianship Manual 4th Edition provided compliments of TexasBarBooks
Form: Declaration of Guardian if Later Need Arises (Greg Sampson)
Description: Allows you to name a guardian of your person and/or guardian of your estate for the court to appoint if you later become incapacitated and to disqualify certain persons form serving as your guardian. May not be needed if you have a Medical Power of Attorney and Durable Power of Attorney. Signing: May be entirely handwritten by you and signed without witnesses, or typed and signed with two witnesses, and may also be self-proved with a notary. Witnesses required when naming disqualified persons, otherwise may only need a notary. Form document from the Texas Guardianship Manual 4th Edition provided compliments of TexasBarBooks
Form: Declaration of Guardian for Children(Greg Sampson)
Description: Allows you to name a guardian of the person and/or guardian of the estate (if any) for a minor child or incapacitated adult child for the court to appoint if you are deceased or incapacitated. Appointment can also be made in a valid Will to take effect upon your death. The remaining parent is a natural guardian of the person. Signing: May be entirely handwritten by you and signed without witnesses, or typed and signed with two witnesses, and may also be self-proved with a notary. Form document from the Texas Guardianship Manual 4th Edition provided compliments of TexasBarBooks
Form: Handwritten (Holographic) Will Instructions
Video - Attorney Explanation on how to draft a Holographic Will (Jack Fan)
Instructions and sample language for a very simple handwritten Will that requires only the signature of the testator if entirely in the testator’s handwriting. Intended as an emergency measure for use until a more comprehensive Will can be prepared by a lawyer. Provided by the Houston Volunteer Lawyers program
QUESTIONS ABOUT THESE DOCUMENTS AND WANT TO ASK A LAWYER? The Dallas Bar Association hosts LegalLine E-Clinics each Wednesday from 4:00 - 8:00 p.m. Volunteer attorneys will answer legal questions at no cost during these clinics. Probate attorneys will also be available to assist with questions related to the DBA’s COVID Police, Fire, and Medical Personnel Planning Forms. To participate, complete the online form found here https://tinyurl.com/DBALegalLine. A volunteer attorney will call the participant to provide up to 15 minutes of free legal advice for your legal issue. Space is limited. Registration will close each Tuesday at 5:00 p.m.
Volunteer Notaries: To assist first responders and front line health care workers complete these planning documents, the following Texas Notaries have volunteered to notarize signed documents free of charge via two-way video pursuant to Governor Abbot’s temporary Order for certain documents, such as the Statutory Durable Power of Attorney. Please note that many of these documents (other than the Statutory Durable Power of Attorney) can be signed without notarization as directed on those forms. If you need a document notarized in this way, you may call or email one of these Notaries who will respond with a suggested date and time to schedule your video meeting to exchange identification and proof of signing. You will then email a scanned copy or fax a copy of the signed form to the Notary to be notarized and returned to you electronically. To schedule a volunteer Notary for this procedure you may contact one of the following:
Click here for an article summarizing the law and what each of these planning documents and others accomplish: End of Life Documents, Technical Report 2044, Authored by Judon Fambrough, Senior Lecturer and Attorney at Law (Retired), for Real Estate Center at Texas A&M University, January 2014 (Revised February 2016) – Links to documents updated 2020 by Dallas Bar Association. [Provided with Permission of Real Estate Center at Texas A&M – www.recenter.tamu.edu]
Disclaimer: The contents of this webpage and any links on it are provided as general legal education only and not intended to be, nor should they be, viewed as personal legal advice. You should consult your own legal adviser for personal legal advice about your situation and appropriate planning recommendations and documents.
The Dallas Bar Association, founded in 1873 and now with more than 11,000 members, is a nonprofit organization dedicated to the continuing education of its members as well as public service programs and improvement of the administration of the legal system. More information about the DBA can be found at www.dallasbar.org.