Practical Realities of Dying – From a Probate Lawyer's Perspective
description
Transcript of Practical Realities of Dying – From a Probate Lawyer's Perspective
![Page 1: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/1.jpg)
Practical Realities of Dying – From a Probate Lawyer's
Perspective
Common Documents and Related Issues
John H. PhillipsBoone, Boone & Phillips, L.L.P.
![Page 2: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/2.jpg)
“Disclaimer”
I am not offering legal advice nor representing anyone.
I hope as a result of our discussion that you will take these matters to heart and talk with your family and loved ones.
I hope I can motivate you to follow up on our discussion by contacting your own advisors and taking action.
Forms are for demonstration and discussion purposes only.
![Page 3: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/3.jpg)
Documents for Discussion
Medical Power of Attorney
HIPAA Release and Authorization
Directive to Physicians and Family or Surrogates
DNR (Do Not Resuscitate Order)
Last Will and Testament
Appointment of Agent to Control Disposition of Remains
![Page 4: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/4.jpg)
![Page 5: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/5.jpg)
Medical Power of Attorney
“Statutory” Texas form Mandatory form Revocable Effective only If I cannot
make own decisions May be suspended by
Court in guardianship
![Page 6: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/6.jpg)
HIPAA Release Health Insurance Portability
and Accountability Act Federal law that includes
protection against release of health information
Not a “standardized” form There are penalties for
violation – do not expect insurance companies & health providers to bend the rules for you
![Page 7: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/7.jpg)
Directive to Physicians Statutory Texas form Not “mandatory” form Revocable Terminal / irreversible
condition – death expected Discontinue treatments
except for comfort – OR - Keep me alive Talk with family!!
![Page 8: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/8.jpg)
DNR – Do Not Resuscitate Statutory Texas form Mandatory form Physician signs If you have a DNR – be sure
to wear proper DNR wrist or neck ID at all times – otherwise health providers must attempt life saving procedures
![Page 9: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/9.jpg)
![Page 10: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/10.jpg)
Last Will & Testament
Name Executor to administer estate Name Guardian of minor children Tax Planning Dispose of property
Not all property covered by Will e.g., Life insurance, IRA's, retirement
plans, JTROS & POD accounts
![Page 11: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/11.jpg)
Appointment of Agent to Control Disposition of Remains
Statutory, mandatory, Texas form
If Not – then who's in charge??
Whomever you name in signed document [e.g. your Will]
Spouse Any adult Child Either Parent Any adult Sibling Any adult next of kin
![Page 12: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/12.jpg)
![Page 13: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/13.jpg)
Where To Keep Things Keep originals in secure location – bank box
is my recommendation Keep copies at home for easy reference and
access Tell the people you've named – and
hopefully you asked them first! Tell them where the documents are Don't keep it a secret – this is no time for a
scavenger hunt!
![Page 14: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/14.jpg)
misc. Consider writing
your own obituary – why risk what someone else may say about you
Consider a pre-paid funeral – save your family the stress
Eligible for burial in national cemetery – DD-214 is generally required
Organ, Tissue, Eye & Body donations
![Page 15: Practical Realities of Dying – From a Probate Lawyer's Perspective](https://reader036.fdocuments.us/reader036/viewer/2022062501/56815db7550346895dcbe51d/html5/thumbnails/15.jpg)
More misc! “Electronic executor” Computers! On line banking & brokerage accounts Passwords “My letter to Emily” “Old” papers Last But Not Least -
Saint Michael and All Angels Foundation