Practical Realities of Dying – From a Probate Lawyer's Perspective Common Documents and Related Issues John H. Phillips Boone, 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