Caregivers are often called on to manage the financial and healthcare decisions of another. In order for Caregivers to be able to manage these affairs, legal documents must be created and signed by the person in need of care while they are mentally capable of understanding the consequences of their actions. There are different types of documents that allow a caretaker to make different types of decisions.
There is no document that allows an Agent to override the wishes of a Principal. If the Principal is a danger to himself or herself, and incapable of making financial or treatment decisions, a Caregiver would need to seek an order from the court for authority to override a Principal’s wishes.
The Texas Chapter of the National Academy of Elder Law Attorneys, Inc. (NAELA) is a professional association of attorneys who are dedicated to assisting clients with public benefits, probate and estate planning, guardianship/conservatorship, and health and long-term care planning. Click here to find an NAELA member attorney to assist you with your elder law needs.
The Houston Bar Association provides programs that help eligible seniors, veterans, and disabled persons with legal problems, including wills and medical directives. Services are provided by Houston Volunteer Lawyers. They have also produced a helpful Elder Law Handbook.