Practical Realities of Dying – From a Probate Lawyer's

Perspective

Common Documents and Related Issues

John H. PhillipsBoone, Boone & Phillips, L.L.P.

“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.

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

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

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

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!!

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

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

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

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!

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

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