Estate planning is essential. It is something that you should set up before it is too late. What goes into an estate plan? In Texas, people typically include things like a last will, a living will, and a wide range of other legal documents. At SimpleLawTX, we are committed to making estate planning easy and understandable. Below, our Houston estate planning attorney explains the key things that every Texan should know about last wills and living wills in Texas. 

 

Understanding Living Wills in Texas

 

A living will makes sure that you retain control over your own key medical decisions even if you become temporarily or permanently incapacitated. Also called an advance directive in Texas, a living will is essentially a legal document that explains your medical care preferences if you become incapacitated and cannot communicate your own decisions. It tells doctors and family members whether you want life-sustaining treatment (ventilators, feeding tubes, resuscitation, etc) continued, limited, or outright withheld. Texans often use this document to make sure their wishes are respected during serious illness or at the end of life. 

 

Under Texas law, the living will is governed by Chapter 166 of the Texas Health and Safety Code. It is called the Advance Directives Act. To be valid, the directive must be in writing, signed by a competent adult, and witnessed by two qualified people or notarized. The statute provides a specific form titled the “Directive to Physicians and Family or Surrogates.” That is the right form to use to set up a living will. An attorney can help. Notably, hospitals and health care providers are required to honor it once they receive a properly executed copy. 

 

Note: As a related strategy for incapacity planning, Texans can (and should) also appoint a medical power of attorney. You can designate a trusted agent to make medical decisions not covered in the living will. Both documents work together to ensure control over medical treatment remains with you, the patient, rather than the court or a hospital. 

 

An Overview of Last Wills in Texas

 

You also need a last will. A last will and testament is the foundation of your estate plan. It is the primary legal document that expresses your final wishes and directs what happens to your property after you pass away. Along with other things, a will allows you to name beneficiaries, appoint an executor, and designate guardians for minor children. Without a valid will, your estate is distributed according to Texas intestacy laws. Of course, those rules often differ from a person’s actual wishes. In other words, a person who does not have a will loses control over their own estate. Every Texan, regardless of the size of their estate, should have a properly drafted and executed will. Texas recognizes several forms of wills under the Texas Estates Code, including 

 

• Attested wills (Texas Estates Code § 251.051): An attested will must be signed by the testator and two credible witnesses in each other’s presence. 
• Holographic wills (Texas Estates Code § 251.052): A holographic will (handwritten entirely by the testator) does not require witnesses but must clearly express testamentary intent and be signed. 

 

An attested will is a better option. While handwritten (holographic) wills can be valid in Texas, the reality is that disputes are far more likely to arise with that option. It is better to have a professionally written will that has been signed by witnesses. Making a will in Texas requires that the testator (creator) must be at least 18 years old, of sound mind, and act without undue influence. 

 

Note: Once executed, the will can be filed for probate in the county where the decedent resided. If the document meets all formal requirements, the court will issue letters testamentary to the named executor. The executor then administers the estate according to the decedent’s written instructions.

 

An Estate Plan Should Be Comprehensive 

 

A comprehensive estate plan is the best estate plan. You should have a last will, a living will, and potentially other legal documents as well. You do not want to leave things to chance. A proactive approach to estate planning is the best approach. With the right strategy, you will be in the best possible position to get a successful outcome. A strong estate plan coordinates both types of wills as well as any other documents that you may have, such as powers of attorney or trusts. 

 

Texans should not view these documents (or any other estate planning documents)  as alternatives but as complementary tools. The living will protects your autonomy while you are alive but incapacitated; the last will protects your legacy after death. Together, they prevent court intervention, reduce family conflict, and keep decision-making within your control. An experienced Houston, TX estate planning lawyer can help you put the best plan in place for your situation. 

 

Why Trust SimpleLaxTX for Estate Planning in Texas

 

An estate plan should be comprehensive. The right approach to estate planning depends on a number of different factors, including your personal situation, your family structure, and your goals. For most people, a living will and a last will are a must. At SimpleLawTX, we provide solutions-focused estate planning services. Our team will invest the time, the resources, and the attention to the smallest of details to help you find the right solution. Your initial strategy session with our Houston, TX estate planning lawyer is completely confidential and carries no obligations. 

 

Contact Our Houston, TX, Will and Living Will Lawyer Today 

 

At SimpleLawTX, our Houston estate planning attorney has the skills and experience to help you with both a last will and a living will. If you have any specific questions or concerns about your estate plan, we are here to help. Contact us today for a completely confidential initial case review. With an office in Houston, we handle living wills and last wills across Southeast Texas. 

There may come a day when a person is unable to effectively manage their own financial or legal affairs. If no other reliable structure is in place, an adult guardianship may be necessary. In Texas, guardianships are only put in place with court approval. Courts must find that a guardianship is reasonable, necessary, and in the best interests of the vulnerable adult. Here, our Houston estate planning lawyer provides a guide to guardianship in Texas. 

 

Understanding Guardianships Under Texas Law

 

A guardianship puts one person in charge of another person (ward) from a legal perspective. In Texas, the statutory authority comes from the Texas Estates Code. Specifically, Texas Estates Code § 1104.101 governs adult guardianships. The law requires that a guardian be capable, suitable, and free from conflicts of interest that would render them unable to carry out the responsibility.

 

Notably, Texas law recognizes that guardianships are restrictive by nature. Courts only impose them when less restrictive alternatives, such as a power of attorney or supported decision-making agreement, are simply inadequate given the vulnerable person’s needs. The purpose of a guardianship is to protect a vulnerable person. 

 

When a Court Will Consider Appointing a Guardian

 

An adult guardianship is a very big step. For that reason, Texas courts only consider guardianship when clear evidence shows that a person cannot manage essential needs. The standard applies to both personal decision-making and financial management. For adults, the process begins with a petition supported by medical or psychological evidence demonstrating incapacity. In Texas, courts weigh whether less restrictive measures are available before granting authority. Judges focus on the best interests of the proposed ward and balance protection with individual rights. Guardianship is not automatic. Quite the contrary, it requires proof that the person is substantially unable to care for themselves or their property without risk of harm.

 

An Overview of the Types of Guardianships Available in Texas 

 

A guardianship is not “one thing” in Texas. There are actually multiple different types of guardianships. Here is an overview of the key things to know about the types of guardianships: 

• Guardian of the Person: In Texas, a guardian of the person is responsible for making decisions about the ward’s daily life and overall welfare. Along with other things, it includes authority over medical treatment, consent to care, and placement in appropriate living arrangements. The guardian has the responsibility to confirm that the ward’s basic needs for food, shelter, and healthcare are met. Beyond that, Texas law requires that the guardian must always act in the ward’s best interests. Failing to do so is a violation that could get the guardianship terminated by a court. 

• Guardian of the Estate: A guardian of the estate is the term in Texas for a financial guardianship. The guardian who has this power is responsible for the oversight of the management of the ward’s financial affairs. To be clear, that includes things like income, property, and contractual obligations. A key point to know is that under Texas law, the guardian has a fiduciary duty to preserve assets, pay debts, and account for all transactions. They must always act in the best financial interests of the ward. 
• Guardian of the Person and Estate: With this type of guardianship in Texas, one person is granted the authority over both personal and financial matters of the ward. You may sometimes hear this referred to as a full guardianship. There are other cases where the guardianship over a person and the guardianship of the estate may be split among two people. It is often necessary when incapacity extends to all aspects of daily life and estate management. The guardian must balance decisions about health and living conditions. If you have any questions about this option, a Houston guardianship lawyer can help. 
• Temporary Guardianship: In Texas, a temporary guardianship is designed for emergencies where immediate intervention is necessary to prevent substantial harm to the vulnerable person. They will automatically end after a set period. Courts grant temporary authority when there is evidence of imminent danger to the ward’s health, safety, or property. Most are limited to 60 days. Though it could be longer or shorter. 
• Limited Guardianship: Limited guardianship allows courts to grant decision-making power only where incapacity is clearly proven. The ward retains rights and independence in other areas of life, such as voting or managing small amounts of money. The approach reflects Texas law’s preference for the least restrictive means of protection. 

 

What to Know About the Legal Process for Establishing Guardianship

 

Adult guardianships are complicated. Establishing one may be necessary to protect a vulnerable spouse, parent, grandparent, or adult child, but specific criteria must be met. The process begins with filing a petition in the appropriate Texas court. The petition must detail the alleged incapacity and request the appointment of a guardian. By law in Texas, courts require supporting medical documentation, usually in the form of a physician’s certificate of medical examination. Once filed, the court appoints an attorney ad litem to represent the interests of the proposed ward throughout the process. 

 

Notably, under Texas law, notice must be given to interested parties, including relatives, who may contest the petition. From there, a hearing is then held to determine the necessity and scope of guardianship. If approved, the court issues letters of guardianship. Those letters are what will be used to officially grant guardianship. Guardians must post bond if they will manage estate assets and file annual reports with the court. The process is rigorous by design. A Houston elder lawyer can help you and your family navigate it. 

 

Why Trust SimpleLawTX for Help With a Guardianship Case

 

Adult guardianship cases are complicated. If you have any questions about guardianship, when one is required, and when the courts in Texas will step in, professional legal guidance and support are available. At SimpleLawTX, we are proud to be leaders in elder law, including guardianships. We provide cost-effective, reliable legal representation that you and your family can rely on when it matters the most. Your initial strategy session with our Houston adult guardianship lawyer is strictly confidential and carries no additional obligations.

 

Call Our Houston Adult Guardianship Attorney Today

 

At SimpleLawTX, our Houston guardianship lawyer is committed to providing solutions-focused guidance and support to clients. If you have any questions or concerns about adult guardianships in Texas, please don't hesitate to contact us today to arrange your confidential and obligation-free initial strategy session. With an office in Houston, we provide probate, estate planning, and elder law services throughout the entire region in Southeast Texas. 

Every adult in Texas should have a comprehensive estate plan. Yet, many people have an incomplete plan or have set up nothing at all. The AARP reports that just half of U.S. adults over the age of 50 have a will. Estate planning is important. It helps to ensure that you and your loved ones are properly protected. At SimpleLawTX, we make estate planning easy and accessible. Here, our Houston estate planning lawyer explains how you can protect your family and your assets. 

 

Why You Need to Set Up a Personalized Estate Plan

 

Estate planning is important. Without the right estate planning documents, your family (and your assets) will be left vulnerable. An estate plan helps to ensure that you can keep control over your own affairs, no matter what tomorrow might bring. Here are some of the most notable reasons why you should set up a personalized estate plan in Texas: 

 

• You will retain the ability to choose who receives your property instead of leaving decisions to Texas's intestacy laws.
• If you are a parent, you can ensure that your minor children are cared for by the guardian you trust, not someone chosen by a court.
• You can set up a legally enforceable plan for your health care decisions if you are unable to speak for yourself.
• You can minimize the total administrative costs, including the overall tax burden. 
• You can reduce the risk of disputes between your family and other close loved ones. 

 

Key Components of a Comprehensive Estate Plan

 

You understand why estate planning is important, but you may be wondering what actually goes into an estate plan in Texas. The answer is “it depends.” An estate plan should always be customized to meet your specific needs. For that reason, estate planning is not “one-size-fits-all.” You need a plan that is properly tailored to your situation. With that being said, there are some common documents that many people include. Here are some of the key components in Texas: 

 

• Last Will and Testament: Your will is the foundation of your estate plan. It allows you to direct how your assets will be distributed after death, name guardians for minor children, and designate an executor to manage the estate. Without a will, Texas intestacy laws determine heirs, which may not reflect your wishes. Our Houston estate planning lawyer can draft a customized will that is best suited for your specific situation. 
• Revocable Living Trust (and Other Trusts): A trust lets you transfer assets outside of probate, which can save time and money for your heirs. You remain in control of your assets while alive, but you appoint a successor trustee to manage them after your death or incapacity. While revocable living trusts are the most common type of trust in Texas, there are many other trusts as well. They are all designed to achieve a specific purpose. Our Houston estate planning lawyer handles all types of trusts in Texas. 
• Durable Power of Attorney: A durable power of attorney (POA) is a document that authorizes someone you trust to manage your financial and legal matters if you become incapacitated. Without it, your family may be forced to seek a costly guardianship proceeding through the courts. A durable power of attorney can cover paying bills, managing investments, and making other necessary financial decisions. We have extensive experience with POA documents in Texas. 
• Medical Power of Attorney and Advance Directive: These documents allow you to appoint a trusted person to make medical decisions on your behalf if you cannot communicate. You can also express your preferences regarding life-sustaining treatment and end-of-life care. Advance directives are also often called a living will. Having these documents in place will help to ensure your wishes are respected and prevent confusion/disputes among family members during a crisis. Our Houston estate planning lawyers handle both medical POA and advance directives. 
• Beneficiary Designations: Certain assets (such as retirement accounts, life insurance, and payable-on-death bank accounts) pass directly to named beneficiaries. In other words, they can avoid the probate process. You should be sure to keep these designations current. That can help to avoid unintended transfers and other problems. 

 

Understanding Texas Community Property and its Impact on Estate Planning

 

Texas is one of only a few states that follow community property law. This means that, with limited exceptions, assets acquired during a marriage are considered jointly owned by both spouses. Property acquired before marriage, as well as gifts or inheritances, is usually treated as separate property. The distinction between community and separate property plays a critical role in estate planning.

 

When one spouse passes away, only their share of the community property can be distributed through a will or trust. This can sometimes limit the flexibility of planning and make clear documentation essential. Couples must carefully consider how property is titled, how it will be divided, and whether they want to enter into marital property agreements that change the default rules.

 

Why Trust Our Houston Estate Planning Lawyer

 

Estate planning can be complicated. Knowing where to get started with the process is not always easy. A proactive, solutions-focused approach is the right strategy. You do not have to figure out everything on your own. At SimpleLawTX, we invest the time, resources, and attention to detail needed to help you and your family find the best solution. You can enjoy your life to the fullest and leave the complex legal work to us. Your initial strategy session with our Houston estate planning attorney is completely confidential and carries no additional obligations. 

 

Contact Our Texas Estate Planning Attorney Today

 

At SimpleLawTX, our Houston estate planning lawyer is standing by, ready to protect your rights and your interests. You can find peace and security through proactive estate planning. If you have any questions about your rights, we can help. Contact us today for a confidential and no-obligation strategy session. With a legal office in Houston, our team provides estate planning representation throughout Southeast Texas.