Dallas-Fort Worth Disability Planning Lawyers

Reliable Legal Representation In Your Corner

Crain & Wooley is dedicated to helping our clients pro-actively create the legal documents needed to make sure someone can make important decisions on their behalf if they are ever incapacitated or unable to speak for themselves. If you don’t want your loved ones to be burdened with difficult decisions because you can’t express your wishes, then please reach out to our firm today so we can equip you with the right legal tools.

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Why Is Disability Planning Essential?

To guarantee that your desires are followed in the event of incapacity, disability planning is a crucial element of estate planning. If you don't have the right disability paperwork in place, like a durable power of attorney or medical power of attorney, you run the danger of having someone else make crucial financial and healthcare choices without discussing with you. Our talented Plano lawyers will direct you through the process of creating these important agreements designed to protect your best interests and provide peace of mind for you and your loved ones.

Benefits of disability planning include:

• Making sure the decisions regarding your finances and medical care are in line with your wishes
• Preventing expensive and time-consuming judicial proceedings to establish a guardian or conservator
• Keeping your money safe and reducing the possibility of financial exploitation
• Offering straightforward direction to your loved ones during challenging situations

Who Needs Disability Documents?

Anyone 18 years old or older can benefit from disability planning. Did you know that even if your kids are still on your health insurance and you are providing financial support, you have no legal right to make medical or financial decisions on their behalf? Once a person reaches the age of 18, they are considered an adult, and as such, they are afforded medical and financial privacy.

So if your child goes off to college to pursue a degree and needs you to handle an important financial matter while they are abroad or if they ask you to find their medical records, you must have their written authority to do so. However, with the right power of attorney documents, you can “take care of business” for your kid in their time of need.

Durable Power of Attorney

This legal document allows you to designate a person you trust to handle your finances during times of temporary or permanent incapacity. This person can access your bank accounts, brokerage accounts, and safety deposit box. They also have the authority to sign tax returns, deeds, and mortgages. With a durable power of attorney, you can avoid the cost and hassle of guardianship proceedings if you are ever incapacitated.

Medical Power of Attorney

A medical power of attorney grants a person you trust the legal authority to make health care decisions on your behalf when you are unable to communicate with your doctors. The person you select has a legal duty to work with your doctors and health care providers to make sure your specific wishes regarding the types of healthcare treatments you want or don’t want are respected.

Declaration to Physicians

This document is sometimes known by the slang term living will. This is confusing because it has nothing to do with Last Wills and Testaments. A declaration to physicians is a statement regarding YOUR wishes should you be unable to communicate with the doctor about using or not using machines to support vital life functions like breathing and eating.

Global HIPPA Release

We have all signed a singular HIPPA release that allows one specific doctor to talk to a singular person about an individual medical procedure. A global HIPPA release is imperative because it allows your medical power of attorney to talk with any doctor about your total medical history in order to make well-informed decisions.

Declaration of Guardian in Advance

Should you find yourself in a time in life in which you have zero ability to make your own decisions (Alzheimer’s, dementia, etc.), a declaration of guardian in advance allows you to name a guardian of your person and your estate in advance, thereby, limiting the number of court hearings necessary for another adult to assume the responsibility of total physical and financial control over you.

Call our Texas law firm at (972) 945-1610 for help in Plano or Mansfield.

How Does Disability Planning Impact Medicaid?

Disability planning is an important part of estate planning that can have a substantial impact on Medicaid eligibility in Texas. Adults with disabilities who meet the eligibility requirements for Medicaid can receive health coverage. However, eligibility is controlled by income and wealth limitations.

Incorporating disability planning into an estate plan involves structuring assets in a manner that allows an individual to qualify for Medicaid without depleting all their resources. This often involves the use of special needs trusts or pooled trusts. Assets placed in a properly structured special needs trust are not counted as part of an individual's resources when determining Medicaid eligibility. This means that a person can maintain a level of financial security while still receiving essential health benefits.

Without proper disability planning, an inheritance could disqualify people from receiving Medicaid benefits due to exceeding asset limits. Careful crafting of an estate plan, with consideration for disability planning, ensures that individuals with disabilities receive the support they need without jeopardizing their eligibility for vital government assistance programs like Medicaid.

Draft Your Disability Documents Today

The documents listed above cease to have power when a person passes away and are not suitable replacements for a trust or last will and testament. Successful estate planning is all about making smart choices while you are still able-bodied and mentally competent. You never know when an unexpected health crisis or serious accident might occur, which is why you need to visit with our experienced legal team so we can help get your important affairs in order.

If you would like to create disability documents, then please call our law firm at (972) 945-1610 to request a free consultation. You can also use our online scheduler to make an appointment that fits your schedule.