Page 75 - Senior Link Magazine Winter 2023 - Online Magazine

SENIOR RESOURCES

WHEN TO UPDATE WILLS AND OTHER DOCUMENTS

by Lee Franks

enerally, as an attorney of attorney probably is better than age, but the statutory forms would be
practicing in Texas and none, but if an institution refuses to more familiar and comfortable, and if
Gspeaking to Texas residents, recognize the one presented, then the names, addresses, and telephone
I tell my clients that most competent it does not matter. Banks or other numbers are insufficient or out of
adults should have at least a will, a financial organizations examine date, updated forms might be a good
financial power of attorney, a medical a power of attorney, looking for a idea as a practical matter.
power of attorney, a HIPAA release, reason to reject it or restrict its use
and a directive to physicians and due to potential financial liability. Unlike the medical power of attorney
family. Normally, I add that they They may reject unfamiliar or older and the directive to physicians
should execute these five documents forms or forms with unrelated and family, Texas does not have a
as soon as they turn eighteen and that defects, such as a change of address standard form for a HIPAA release
it is never too late, until it is. Unless or notary stamp that has since and authorization because it refers
an expiration date or other triggering expired. Fortunately, Texas has a to federal law, but the person
event is included, these documents statutory form, the Statutory Durable determining its validity probably
last for life, except for the HIPAA Power of Attorney, which is widely will not be too concerned about
release which generally expires two used and recognized in Texas and form. Nevertheless, the more correct
years after death. Nevertheless, I may be modified by extending or the names and contact details are,
often get a call to my office from restricting the powers granted. the more practical and effective the
someone inquiring about “updating” However, that form does change document will be.
a will or another document. Leaving (or the underlying statutes change)
aside a description and use of these from time to time;
documents, here I want to discuss for example, major
some practical factors to consider changes were made
regarding updating these five to the form in 2017, so
documents. The overriding issue in periodically executing
each case is that, in addition to the an updated power
documents being valid, they should of attorney would be
be effective, that is, practical. appropriate.

If a will is valid in Texas and Texas also has
makes the intended distributions, statutory forms for
it will do the job. However, if medical powers of
the will has an unusual form, attorney and directives
lacks handy provisions, names to physicians and
currently unavailable executors families, but as with
and alternates, or otherwise creates the financial power of
burdens for beneficiaries or potential attorney, the statutory
personal representatives, a person form is not required.
might consider a new will for the And since a medical
convenience of those who must deal provider likely is
with the estate. Age by itself does not looking for a reason
make an update necessary. to talk to the person
presenting one of
Texas does not require a particular these documents, they
form for a valid financial power of are not overly critical
attorney, and any financial power of the form itself or its

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