Dallas, Texas, Estate Planning Attorney

What is "estate planning"? Estate planning is the overall planning for a person, their possessions, and wealth.

Contrary to what most people think, it's not just for the rich, and it's not just about signing a Will. Estate planning not only involves planning for your death, but it also involves planning for your incapacity, whether temporary or permanent, and planning for your minor children's future in the event you die before they reach adulthood.

Establishing your estate plan while you are still healthy and able gives you the power to decide how you want your affairs handled if you are unable to handle them yourself. Without a plan, the decision-making power rests in other people, who may or may not have your best interests at heart.

The Estate Planning Process

When you come to the Law Office of Ruth Brock, I will visit with you and consider your overall estate (all of your property that you own or may inherit) in light of your needs and desires. I take the time to listen to you, and I will customize an estate plan suited specifically for your wishes and objectives. I do not believe in a "one size fits all" estate plan.

I will help you determine the most appropriate way to pass your wealth to your beneficiaries, whether it is through a Will, a Trust, by Contract, or by Beneficiary Designation.

If you have a financial advisor, accountant, or other trusted advisor, I like to work with them as well to help ensure that all areas of your estate plan are covered.

A basic estate plan that everyone should have includes the following:

• Last Will and Testament
• Durable Power of Attorney
• Medical (or Health Care) Power of Attorney
• Living Will (also known as Directive to Physicians and Family or Surrogates)
• HIPAA Authorization (Health Insurance Portability and Accountability Act of 1996)

Depending on your unique circumstances, other documents may be necessary, such as the following:

• Living Trust (Revocable Inter Vivos (Living) Trust)
• Irrevocable Trust
• Irrevocable Life Insurance Trust (ILIT)
• Declaration of Guardian in the Event of Later Incapacity or Need of Guardian
• Declaration of Appointment of Guardian for My Children in the Event of my Death or Incapacity
• Appointment of Agent to Control Disposition of Remains

At the Law Office of Ruth Brock, I will review your situation, advise you of your options, and customize an estate plan with the necessary documents to accomplish all of your estate planning goals.

Last Will and Testament

A Will is a legal declaration of an individual's wishes as to the disposition of his or her real and personal property after the individual's death. In Texas, the Will can, among other things,

• appoint a guardian for your minor children,
• state your wishes for the disposition of your remains, and
• establish a Trust for your intended beneficiaries, such as a spouse, minor children, a parent, or a special needs individual.

I can customize the Will to suit your specific needs, whatever they may be.

Durable Power of Attorney (DPOA)

A DPOA is a legal document whereby you give someone (the "Agent" or "Attorney-in-Fact") the authority to carry out your financial affairs on your behalf. The Agent, subject to the limits you establish, can manage your property. The DPOA is a powerful and an important document. It is either effective the moment it is signed or upon a determination of your incapacity (known as a "Springing Power of Attorney"-it "springs" into action upon your incapacity.)

A DPOA becomes most useful in the event you become incapacitated and cannot handle your own financial affairs. You can give your Agent/Attorney-in-Fact the power to sign checks for you, sign your tax return, sell your home, change beneficiary designations of retirement plans and life insurance policies, fund a Living Trust, and a host of other powers. However, you must give these powers to your Agent/Attorney-in-Fact while you have the mental capacity to do so. Once you have become incapacitated, it's too late.

The signing of a DPOA while you are still capacitated is important because it helps avoid the need for the appointment of a guardian in the event of incapacity, which can be an expensive, unpredictable, and time-consuming process.

One important feature of the DPOA is that you can limit or expand the powers that you give to your Agent/Attorney-in-Fact. In other words, you can give them only the powers that you want them to have.

At the Law Office of Ruth Brock, I will help you determine what powers are best to give to your Agent/Attorney-in-Fact and when to give them such powers.

Medical Power of Attorney (MPOA)

The MPOA (also known as a Health Care Power of Attorney) is a legal document whereby you give your Agent/Attorney-in-Fact the power to make your health care decisions but only when you are unable to communicate your own medical decisions.

It is common for your personal physician or hospital to ask for a copy of your MPOA before you are admitted to the hospital or for outpatient surgery. However, it's also important in emergency situations when you may not be with your personal physician.

At the Law Office of Ruth Brock, I will educate and counsel you on who best to name as your Agent/Attorney-in-Fact.

Living Will

The Living Will (or Directive to Physicians) is probably the most difficult and emotionally charged estate planning document an individual can sign. In Texas, this document expresses your wishes about whether you do or do not want life-sustaining treatment if you are in a "terminable condition" or "irreversible condition".

The Living Will does not authorize anyone to act on your behalf or authorize someone to make decisions the way a Medical Power of Attorney would. Instead, it is a document whereby you express your wishes to your family and physicians about life-sustaining treatment.

If you have a medical condition for which you are receiving specific medical treatment, your lawyer can customize your Living Will to state whether you do or do not want to continue receiving that specific medical treatment if you have a terminable or irreversible condition.

If you have ever had to make a decision to "pull the plug" on a family member's life support without the advantage of prior discussions on that subject, you may have questioned whether you made the right decision. You can help reduce your family member's anxiety by stating your treatment preferences in your Living Will.

At the Law Office of Ruth Brock, I will help you sort through the choices involved in making a Living Will.

HIPAA Authorization under 45 C.F.R. Sec. 164.508

The HIPAA Authorization (Health Insurance Portability and Accountability Act of 1996) authorizes your health care providers to disclose your health care information to the persons you have listed on your HIPAA Authorization form.

HIPAA is essentially a privacy law. The Act was passed to help safeguard your private health care information. Without a signed HIPAA Authorization, your health care provider cannot discuss your health information with other individuals.

Typically, the persons named on your HIPAA Authorization are the persons named on your Medical Power of Attorney and any other family members or friends that you want to have access to your health care information.

When you are ready to discuss your estate with a legal professional, I invite you to contact my office for an initial consultation.

Law Office of Ruth Brock         4880 Long Prairie Road, Suite 110 Flower Mound, TX 75028 Phone: 972-353-3400 Fax: 469-635-2890 E-mail

The Law Office of Ruth Brock serves clients in Texas, including the cities of Flower Mound, Lewisville, Grapevine, Southlake, Keller, Denton, Dallas, Frisco, Carrollton, Lake Dallas, Corinth, Copper Canyon, Double Oak, Fort Worth, Argyle, North Lake, Roanoke, and the following counties: Denton County, Tarrant County, and Dallas County.

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