Estate Planning for Police, Fire, and Medical Personnel (Dallas Bar Association)
Wills & Estate Planning
The Dallas Bar Association and Dallas Volunteer Attorneys Program offer these free estate planning forms and resources to first responders and healthcare workers on the front lines of the COVID-19 pandemic. The forms provided include a Medical Power of Attorney, Living Will, HIPAA Authorization, Statutory Durable Power of Attorney, Declaration of Guardian, and Handwritten Will Instructions. These resources are intended to help these individuals quickly settle important matters for themselves and their families during the pandemic. Links to videos explaining these basic estate planning documents are included.
Planning Forms
You may wish to print, complete and sign to put your affairs in order as needed to give you some peace of mind. Most of the forms provided are derived from statutory versions passed by the Texas Legislature, but access to the forms presented resulted from sources to whom credit was given on the webpage, for which we are also most grateful. The webpage provides:
- planning forms for your signature;
- summaries of the forms;
- additional lawyer video explanations; and
- an article explaining how to successfully complete and execute the forms.
Medical Power of Attorney
The Medical Power of Attorney is a statutory form used to name an agent to make medical treatment decisions for you should you later become incapacitated. It can help you avoid the need for a Guardian of the Person.
Signing: Requires two adult witnesses (one of whom must The form document from the Texas Guardianship Manual 4th Edition was provided to the Dallas Bar Association compliments of TexasBarBooks.be qualified) or a notary.
Video - Attorney Explanation of Medical Power of Attorney Form (Rebekah Brooker)
Directive to Physicians (Living Will)
The Directive to Physicians (Living Will) is a statutory form used to specify whether life support will be withheld or withdrawn when you are incapacitated and are in a “terminal condition” or an “irreversible condition.” It helps you avoid the need for a Guardian of the Person if an agent is named.
Signing: Requires two adult witnesses (one of whom must be qualified) or a notary.
The Dallas Bar Association derived this form document from the Texas Guardianship Manual 4th Edition, compliments of TexasBarBooks.
Video - Attorney Explanation of Directive to Physician Form (Rebekah Brooker)
HIPAA Authorization for Release of Protected Health Information
The HIPAA Authorization for Release of Protected Health Information authorizes your health providers to release your Private Health Information to designated persons in compliance with federal HIPAA requirements. Signing: Requires only your signature.
This form was provided compliments of the Dallas Volunteer Attorney Program of Legal Aid of Northwest Texas.
Video - Attorney Explanation of HIPPA Authorization (Rebekah Brooker)
Statutory Durable Power of Attorney
The Statutory Durable Power of Attorney names an agent or agents to handle your property and financial affairs, which can be effective upon signing or only upon becoming incapacitated and allows you to grant specific or all statutory defined powers. Can avoid a Guardian of the Estate. Signing: Requires a Notary.
Form document from the Texas Guardianship Manual 4th Edition provided to the Dallas Bar Association compliments of TexasBarBooks.
Video - Attorney Explanation of Statutory Durable Power of Attorney (Greg Sampson)
Declaration of Guardian if Later Need Arises
The Declaration of Guardian if Later Need Arises allows you to name a guardian of your person and guardian of your estate for the court to appoint if you later become incapacitated. It can disqualify certain persons from serving as your guardian. It may not be needed if you have a Medical Power of Attorney and Durable Power of Attorney.
Signing: May be entirely handwritten by you and signed without witnesses, or typed and signed with two witnesses, and may also be self-proved with a notary. Witnesses are required when naming disqualified persons, otherwise may only need a notary.
Form document from the Texas Guardianship Manual 4th Edition provided to the Dallas Bar Association compliments of TexasBarBooks.
Video - Attorney Explanation of Declaration of Guardian if Later Need Arises (Greg Sampson)
Declaration of Guardian for Children
The Declaration of Guardian for Children allows you to name a guardian of the person and/or guardian of the estate (if any) for a minor child or incapacitated adult child for the court to appoint if you are deceased or incapacitated. Appointment can also be made in a valid will to take effect upon your death. The remaining parent is a natural guardian of the person.
Signing: It may be entirely handwritten by you and signed without witnesses, or typed and signed with two witnesses, and may also be self-proved with a notary. Form document from the Texas Guardianship Manual 4th Edition provided compliments of TexasBarBooks.
Video - Attorney Explanation of Declaration of Guardian for Children (Greg Sampson)
Handwritten (Holographic) Will Instructions
These are Handwritten (Holographic) Will Instructions for a very simple handwritten will that requires only the testator's signature if the will is written entirely in the testator’s handwriting. It is intended as an emergency measure for use until a more comprehensive will can be prepared by a lawyer. Provided to Dallas Bar Association by Houston Volunteer Lawyers program.
Video - Attorney Explanation on how to draft a Holographic Will (Jack Fan)
Learn More
Read End-of-Life Documents by Judon Fambrough of the Texas A&M Real Estate Center, which summarizes the law and explains what these planning documents accomplish.
Visit Police, Fire, and Medical Personnel Planning Forms, which is the original Dallas Bar Association page that provides these forms and videos.
Related Guides
I want to pass on my house or land without probate.
Transfer on Death Deeds
I need a will. I have children, and am not married.
Wills & Estate Planning
Handwritten Wills Checklist
Wills & Estate Planning
I am looking for an alternative to guardianship.
Planning for Loss of Health
Related Articles
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Why You Need a Will
This article explains why you need to have a will made. -
Transferring Property After Death and Avoiding Probate Court
The deceased person's property may sometimes pass without the need for a formal court proceeding. -
Do-It-Yourself Guide for Handwritten Wills
Handwritten wills can be valid under specific circumstances. -
Transfer on Death Deeds (TODD)
In this article, you will learn about Transfer on Death Deeds (TODDs). -
Texas Probate Passport: Wills, Estates, Power of Attorney, and Probate
This article tells you about the law about what happens to your property after you die.
Related Forms
Medical Power of Attorney (Dallas Bar Association)
DBA-101
Directive to Physicians - Living Will (Dallas Bar Association)
DBA-102-Directive to Physicians - Living Will
HIPAA Authorization for Release of Protected Health Information (Dallas Bar Association)
DBA-103-HIPAA Authorization for Release of Protected Health Information
Statutory Durable Power of Attorney (Dallas Bar Association)
DBA-104-Statutory Durable Power of Attorney
Declaration of Guardian for Minor Form (Dallas Bar Association)
DBA-106-Declaration of Guardian for Minor Form
Designation of Guardian in Event of Later Incapacity or Need of Guardian (Dallas Bar Association)
DBA-105-Designation of Guardian in Event of Later Incapacity or Need of Guardian