Legal Question in Wills and Trusts in Texas

My mother has a living trust that names my brother to make medical decisions and names me to make all other decisions and act as executor and estate manager. Does Texas law require that my brother have a separate durable power of attorney for medical decisions? Does the law require that I have separate durable power of attorney to manage the estate?


Asked on 8/25/09, 7:49 am

1 Answer from Attorneys

Nicholas Dupre Stone and Associates, LLP

There are a lot of things going on here and to answer you more clearly, I'd need more facts. In answer to your first question, yes, a medical power of attorney is separate and apart from a durable power of attorney.

In general, a person executes a durable power of attorney to nominate an agent to handle all his or her financial matters in the event he or she is incapacitated. This is different and separate from the medical power of attorney. A person executes a medical power of attorney to nominate a person to make medical decisions for that person in the event he or she is incapacitated.

You mention a living trust, but then say executor. An executor is nominated in a will and is appointed by the court after the person dies to handle the estate. A trustee is appointed by the person who makes the trust and generally, no court proceedings are required as the trust document controls who manages the estate.

I hope that helps.

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Answered on 8/26/09, 12:33 pm


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