Planning for Incapacity
Plans that step in if a stroke, a fall, or cognitive decline takes away your ability to act for yourself.
Most plans focus on what happens after you are gone. This one focuses on what happens if you are still here.
With the right documents in place, your spouse or trusted family member can step in immediately and quietly. Without them, your family may face a court-supervised guardianship at exactly the moment they need to be focused on you.
Most estate plans focus on what happens after you are gone. Planning for incapacity focuses on the equally important question of what happens if you are still here but cannot make your own decisions. With the right documents in place, your spouse or trusted family member can step in immediately and quietly. Without them, your family may face a court-supervised guardianship — slow, expensive, and humbling — at exactly the moment they need to be focused on you.
The decision turns on what you own, who you love, and how much friction you want your family to deal with on the worst day of their life. We work through it with you in plain English, and then draft documents that hold up the way they read — at the bank, at the title company, and in front of a Texas probate judge if it ever comes to that.
Waco · McLennan County · Central Texas
Coordinated powers of attorney — or a funded trust working alongside them?
For most families, the cleanest answer is both. The two structures cover different ground, and together they handle nearly every situation incapacity can throw at a family.
Coordinated powers of attorney
A Statutory Durable POA, Medical POA, HIPAA Authorization, Directive to Physicians, and a Declaration of Guardian — drafted together, in current statutory form, so the people you trust can act immediately.
- Lowest upfront cost
- Covers financial and medical decisions
- Works for most Central Texas families
- Effective the day you sign
POAs paired with a funded trust
For families with real estate, business interests, or significant assets, a funded revocable trust lets a successor trustee step in seamlessly — with no questions asked at the bank or title company.
- Successor trustee acts immediately
- No bank-level pushback on authority
- Continues smoothly into and after death
- Best when there are real assets to manage
“The hard truth about incapacity is that the people who need this planning the most are very rarely able to do it once the need has arrived. The earlier the conversation, the more options you keep on the table.”
A closer look at how we build the plan.
Every section below is a real piece of the conversation we have with Central Texas families. None of it is boilerplate, and none of it is pulled out of a drawer.
Why This Conversation Cannot Wait
The hard truth about incapacity is that the people who need this planning the most are very rarely able to do it once the need has arrived. A stroke does not give two weeks' notice. The early stages of dementia are precisely when planning is still possible — and precisely when families most often put it off. The sooner this work is done, the more options you keep on the table.
Coordinating Powers of Attorney With a Trust
For many families, the cleanest incapacity plan combines a financial power of attorney with a properly funded revocable living trust. The successor trustee can step in to manage trust assets without anyone questioning their authority, while the agent under the power of attorney handles everything outside the trust. The two work in parallel, and together they cover almost every situation that can come up.
Medical Decisions and Quality-of-Life Choices
Beyond the legal documents, real incapacity planning involves talking through what good care looks like to you — at home or in a facility, aggressive treatment or comfort measures, who visits and who does not. We help clients structure those conversations with their families and capture the essentials in writing so that nobody has to guess.
Long-Term Care Considerations
Long-term care is one of the largest financial risks most Texas families face. Whether the answer is long-term care insurance, asset positioning over the long term, or simply being clear-eyed about how care will be paid for, this conversation belongs in the planning process. We do not sell insurance and we do not push products — we just help you think the question through.
Avoiding Guardianship
A Texas guardianship is a court-ordered relationship in which a judge appoints someone to make decisions for an incapacitated person. It exists for good reasons, but it is slow, public, and expensive. With the right plan in place — durable powers of attorney, a medical power of attorney, a Declaration of Guardian — guardianship can almost always be avoided. That alone is worth the cost of the planning.
Reviewing the Plan as Life Changes
Incapacity plans are not set-and-forget documents. As family relationships change, as the people you would name move or pass on, and as Texas law evolves, the plan needs a periodic look. We build that review into the relationship rather than waiting for clients to bring it up.
The pieces that keep your spouse from having to call a lawyer first.
Each document covers a specific gap. Together, they let the people you trust step in immediately — without a hearing, without a guardian ad litem, without a fight.
Statutory Durable POA
Financial decision-making authority drafted to current Texas statutory form, with the grants of authority banks expect to see.
Medical Power of Attorney
Names the person who can make healthcare decisions when you cannot speak for yourself.
Directive to Physicians
Your written wishes for end-of-life care in the situations the Texas statute contemplates.
HIPAA Authorization
Separate release so trusted family members can actually get information from doctors and hospitals.
Funded Living Trust
Lets a successor trustee step in immediately to manage real estate, accounts, and business interests.
Declaration of Guardian
Names — in advance — who you would (and would not) want appointed if a guardianship ever became necessary.
From the first conversation to a signed plan.
The first conversation
We sit down and talk through your family, your assets, and what worries you most. No forms, no jargon, no pressure to decide on the spot.
A clear recommendation
Will or trust, what powers of attorney you need, and how to coordinate beneficiary designations and titling — explained in plain language with a flat fee in writing.
Drafting & review
Documents are drafted to your situation, then sent to you to read at your own pace. We walk through every page together before anyone signs.
Signing & funding
Documents are executed under Texas formalities. For trust-based plans, we handle the deeds and account retitling so the plan actually works the way it reads.
The questions Texas families ask before signing.
Is incapacity planning the same as estate planning?
It is half of estate planning, and the half that comes first. The documents that handle incapacity are signed alongside your Will or trust as part of the same planning package.
What is a guardianship and why avoid it?
A Texas guardianship is a court-ordered relationship in which a judge appoints someone to make decisions for an incapacitated person. It exists for good reasons, but it is slow, public, and expensive. With proper planning, it can almost always be avoided.
Should I put the kids on my accounts?
Almost always no. It exposes the account to their creditors and divorces, creates unintended gifting issues, and can cut other children out of an inheritance. A POA or trust handles the same problem cleanly.
What about long-term care?
Long-term care is one of the largest financial risks Texas families face. We do not sell insurance — we just help you think through how care will actually be paid for and how that fits with the rest of the plan.
Waco · McLennan, Bell, Coryell, Falls, Hill & Limestone counties.
Related practice areas.
Protect your family before probate ever becomes a problem.
Schedule a consultation with Harvey L. Cox. We will walk through your situation, explain your options under Texas law, and quote a flat fee before any work begins.