Escapees September-October 2024

believed were in the best interest of you while you were incapacitated? Most states have a recognized format for a Financial Power of Attorney, known as a Statutory Durable Power of Attorney in some states, that allows you to designate your agent and grant a variety of fi nancial powers. Without a Power of Attorney in place, your family would likely still be able to step in, but it may have to go through a costly and time-consuming process of having a court appoint a guardian to be able to make decisions on your behalf. Medical Power of Attorney Another type of power that you may wish to consider is a Medical Power of Attorney designating a person to make medical decisions on your behalf. Again, if for some reason you were incapacitated and unable to make medical decisions for yourself, who do you trust to make those decisions for you? This Power of Attorney allows the designee to make life-altering decisions about your care. If you do not have a Medical Power of Attorney designation, then it is very likely that your state will have a “default” rule whereby this power is assigned to your spouse, children or next of kin. However, there may be a circumstance where your spouse is unable to perform this task or there may be a situation where you do not want someone in the “default” category making these decisions for you. Thus, who should you appoint as the desig nee and alternate? It may be best to make your intentions very clear now to ensure that those you trust will be making these important decisions for you. Advanced Medical Directive There is also a very speci fi cmedical directive that one may consider as part of the planning process. This document is known by several different names: an Advanced Directive, a Medical Directive to Physicians and Family or it can be referenced (confusingly) as a “Living Will.” This document provides the opportu nity for you to make decisions now about speci fi c end-of-life care. The document most used in Texas allows you to make your intent known about how you would like your care implemented if the situation were to arise

SAMUEL L. BURK is an attorney licensed in Texas and a partner of East Texas Legal, P.L.L.C. The information contained in this article is for educational purposes and is not intended as legal advice and does not create an attorney-client relationship. You are advised to seek legal advice and counsel from a licensed attorney or certi fi ed professional in your state regarding any speci fi c legal questions or matters. www.eastexlegal.com wanderer or the minute-by-minute travel planner, it may be worth a short pause to stop and consider the what-ifs. Who do you want to have these powers? Ensuring you know who holds the powers should allow both the planners and wanderers to head out on their next adventure with less worry and more freedom. Free Initial Consultation East Texas Legal gives free initial consultation sessions for Escapees members on estate planning, domicile, and other full-time RVer issues as well as a 10% discount on their Standard Will Package. whereby your life expectancy is less than six months and the doctors have determined that you have an irreversible or terminal condition. This document is intended only to provide direction if you are unable to make your care decisions at that time. The directive allows you to choose if you would like to continue all life-sustaining treatment (e.g. a ventilator) until the end of life, or if you would want to make a shift to palliative (pain management) treatment only. Making your preferences known also provides your family the peace of mind knowing how you would like your care handled in such a dif fi cult situation. Estate Planning When most people think of estate planning, they think about a Will or a Family Trust, but unlike a Will, which strictly governs your choices regarding decision-making after you pass away, the Powers of Attorney and Advanced Directive all document decisions being made while you are alive. These types of documents should all be part of a comprehensive estate planning process to ensure that your wishes are respected even when the unexpected happens. So whether you are the free-spirited

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September/October 2024 ESCAPEES Magazine