Incapacity Planning

Humble Incapacity Planning Lawyers

Guiding You and Your Loved Ones Through Life’s Unknowns


Life holds no guarantees, and this includes matters concerning your health, finances, and personal welfare. It’s crucial to have a strategy in place should you ever lose your mental capacity.

At the Law Office of Bryan Fagan, PLLC, our skilled lawyers based in Humble, TX, can assist you in devising an incapacity plan. This plan ensures you and your family are adequately prepared for any potential future events that could impact your life.

Understanding Incapacity Planning

Incapacity planning or life planning revolves around preparing for the future uncertainties. The crux of this plan involves outlining your wishes should you become incapacitated and unable to make decisions independently.

The Significance of Incapacity Planning

Incapacity planning is a critical measure to safeguard yourself and your dear ones in the future. If you become incapacitated, you won’t be capable of making essential decisions about your health, end-of-life care, finances, property, and other personal concerns. Without an incapacity plan, your loved ones will struggle to discern how to handle these decisions on your behalf. Thus, it’s critical to be proactive to avoid such situations.

If you fail to establish an incapacity plan, your family may need to resort to legal action to gain the right to oversee your affairs.

What Does a Texas Incapacity Plan Comprise?

An incapacity plan in Texas typically consists of various documents, orders, and trusts designed to protect you and your assets. In Texas, an incapacity plan may include, but is not limited to:

  • Living will – authorizes medical personnel to discuss your medical condition with your family.
  • Health care power of attorney (HCPA) document – permits you to nominate a specific person to make medical decisions on your behalf.
  • Do Not Resuscitate Order (DNR) – indicates when you would prefer not to receive resuscitative measures.
  • Financial power of attorney document – grants someone else the authority to make financial decisions for you if you are unable.
  • Revocable living trust – outlines the distribution of your assets upon your demise.

When Should You Update Your Incapacity Plan?

It’s advisable to update your incapacity plan to reflect major life changes. Such changes could include the birth of a child, marriage, relocation, injury, or a death in the family, which might impact your incapacity plan.

When Do You Need to Set Up a Guardianship For Your Child?

Why Should You Create a Successful Guardianship For Your Minor Child?

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