Aging Parent Legal & Care Readiness Kit (Texas)
What this kit is. Planning worksheets, drafting aids, checklists and agreements for an adult child and a parent who are planning together in Texas. It includes the official State of Texas forms, unchanged, for the statutory durable power of attorney (version 09-1-2017), medical power of attorney (05-2024), directive to physicians (05-2024), out-of-hospital DNR order (10-12-2023) and declaration for mental health treatment (06-2024). Sign the official forms, not the worksheets that accompany them. The kit does not include the official form for appointing an agent to control disposition of remains; use the current official form or a lawyer for that. Check the issuing agency’s website for newer versions before you sign.
Capacity. Every signed document depends on the parent understanding what is being signed. If memory or judgment is in doubt, see an elder law attorney before doing anything else. The kit’s capacity record is a note of what was observed, not a legal or medical determination.
Not medical advice. Decisions about treatment, resuscitation, hospice, medication and capacity belong to the parent and the parent’s physicians.
When to see a Texas attorney. Before anyone signs a document with legal effect, and especially if the parent’s capacity is in doubt; the family is blended or siblings disagree; there is a business, rental property or larger estate; a child has a disability; the parent may need Medicaid or VA benefits (look-back rules, gifts, deeds and caregiver payments can be costly if handled wrongly); or you are unsure which powers to grant and to whom.
Not a substitute for the advice of an attorney.