Proper execution of a legal instrument requires that the person signing have sufficient mental “capacity” to understand the implications of the document. While most people speak of legal “capacity” or “competence” as a rigid black line–either the person has it or doesn’t–in fact it can be quite variable depending on the person’s abilities and the …
Previously, I wrote about the importance of having a Texas power of attorney. In Texas, this instrument consists of a Durable Power of Attorney, Medical Power of Attorney, Declaration of Guardian, Directive to Physicians, Family and Surrogates and Disposition of Remains sections. While I often advise clients on the benefits of these instruments, far too …
Real estate is as HOT as the temperatures here in Texas. You hear of property selling before it is on the market. But don’t get in too big of a rush. What if you learned after you spent what is typically the largest expenditure in a person’s life, that your deed was not valid or …
Many of you know that my son, Jacob, was fortunate enough to be one of Texas A&M University’s mascot, Reveille’s caretakers last year. I am an Aggie, Class of ‘88, and thought I knew a lot about Aggieland,, but my appreciation for Reveille and her care grew watching Jacob compete and then care for her. …
Passwords! If you are like me, you hate getting notices you must update or change your password. With the digital world we live in, it seems like we have a million passwords. Electronic passwords are a relatively new concept, but a reality in today’s world. When I was a kid I could remember 100 phone numbers and call …
When planning for retirement, an often overlooked consideration is the cost of long-term care. The principal sources of payment for long term care are personal savings/income, Medicaid, and long-term care insurance. Texas Health and Human Services Commission records indicate the sources of payment for nursing home care nationwide are: Medicaid 52% Private Pay …
Caregivers are an essential part of long-term care for older adults. We are all going to age and most will need some sort of care. However, there are precautions that should be taken. The most well-known form of caregiver is a family member or close friend who takes on the care of a loved …
Texas has enacted the Natural Death Act which allows any competent adult, by signing a directive to physicians, or “living will,” as it often is called, to instruct his or her physician to withhold or withdraw artificial life-sustaining procedures in the event of a terminal condition. The directive takes effect only after two physicians determine …
Have you driven across the Panhandle of West Texas recently? White wind turbines, the same ones you see going up I-45 through Huntsville, now fill the horizon. This new industry is the renewable energy industry, but commonly referred to as wind and solar energy. Texas has become the largest wind energy producer in the nation, with wind …
In a letter to a debtor intended to prompt payment of $250 in debts, a collection agency’s choice of words entangled it in protracted litigation under the federal Fair Debt Collection Practices Act (FDCPA). The theme of the dunning letter was honesty, or the lack thereof, on the debtor’s part. In all capital letters, the …
