Practical Realities of Dying – From a Probate Lawyer's Perspective

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

2. 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. “Disclaimer”

3. 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

5. 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

6. 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

7. 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!!

8. 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

10. 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

11. 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

13. 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!

14. Eligible for burial in national cemetery – DD-214 is generally required Organ, Tissue, Eye & Body donations 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

15. 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