The Five Basic Estate Planning Documents Every Adult in Texas Needs

When some people hear the words “estate planning,” they picture a mansion or significant wealth. But estate planning is not just about making sure your property gets to the people you love after you die. It’s also about making sure people you trust have the legal authority to act for you if you become incapacitated. In Texas, there are five basic estate planning documents I recommend to almost everyone. Working together, they help ensure your wishes will be followed not only after you die, but when you can’t speak for yourself.

Texas Last Will and Testament

A Will is a foundational estate planning document. It outlines who will inherit your property, who will take care of your children, and who will settle your estate after you die. If you die without a Will in Texas, Texas law has a default plan for who inherits, called the intestacy statutes. That plan may not match what you would choose.

For example, I worked with a client a few years ago who assumed her longtime partner would inherit her interest in their house because they paid for it together. Without a will, he would not have because Texas law does not protect unmarried partners. As a single person, her share would have passed to her parent. Having a will allowed her to protect her partner.

If you have minor children, a will lets you choose who will care for them and the property you leave them after you die. If you don’t choose a guardian for your minor children, a judge who doesn’t know you or what’s important to you will make that decision. Additionally, your children may get their inheritance before they have the financial maturity to handle it properly.

Texas Durable Power of Attorney

A durable power of attorney lets you choose someone you trust to handle your financial matters if you need them to.

The person you name as your agent will be able to do things like pay your bills, manage your bank accounts, and take care of property needs. “Durable” means the document keeps working even if you become unable to make decisions.

Many people mistakenly assume a family member will be able to manage their property, but without a durable power of attorney, they will not have the legal authority to do so. Instead, a court would need to appoint a guardian of your estate, which can be time-consuming and expensive..

Texas Medical Power of Attorney

A medical power of attorney lets you name someone to make medical decisions for you if you are too sick or injured to communicate. It authorizes a person you trust to make medical decisions for you when you cannot speak for yourself. That’s why it’s important to pick someone who knows your values and will follow your wishes, even when it is hard.

Medical powers of attorney are not just for the elderly. Unexpected injuries or illness can occur at any age, so all adults should have one in place.

HIPAA Authorization

HIPAA privacy rules protect your private medical information. That is a good thing. But those rules can also make it hard for loved ones to get updates. A HIPAA Authorization allows your doctors and hospitals to share information with the people you list. It does not give them the power to make decisions. It simply keeps them informed.

Texas Directive to Physicians

A Directive to Physicians is sometimes called a living will. This document tells your doctors whether you would want life support withheld if you were seriously ill and not expected to recover.

Making a decision about whether to withhold life support is very difficult, especially when you don’t know what decision your loved one would have made. Many families later tell me it brought real comfort to know exactly what their loved one wanted.

Many families tell me this document brings tremendous comfort because it removes the weight of guessing what their loved one would have during a very stressful time.

How an Estate Planning Attorney Can Help

All these documents work together to protect you and the people you love. They give you a voice in your own care, protect your family from uncertainty, and ensure that your wishes are carried out with clarity and respect. An experienced estate planning attorney can guide you through your decisions and make sure all your documents work together and reflect your unique circumstances and goals.

This article was originally published on November 2, 2009, and updated on November 2, 2025.