A Texas estate plan is about more than simply leaving assets to others in a will. This is even more true if someone is living with a brain condition. Such a disease will impact their life in several ways as it progresses, and the estate plan must be able to deal with this.
A degenerative brain condition would likely impact someone’s ability to make decisions over time. This could include health and financial decisions. However, an estate plan could include powers of attorney that would enable another person to make decisions on the grantor’s behalf. This is an alternative to a court-appointed guardian. Even if such a scenario won’t happen for many years, it is best to deal with the eventuality now in an estate plan. The situation may also require care expenses. An estate plan could deal with these by establishing a trust.
There will also likely be medical decisions that need to be made in the future. As the condition degenerates, one may not be able to make their own health care decisions. The estate plan could lay out the parameters of their care now should these decisions become necessary in the future. Advance care directives are a way of incorporating someone’s wishes now to apply them in the future when they are no longer able to effectively speak for themselves. Whatever the condition, it should be factored into the details of the estate plan.
An estate planning attorney may advise their client address all of the aforementioned details. Furthermore, the attorney could assist the client in drafting and filing the necessary documents. It’s also a good idea to reassess the estate plan in the future following any changes in the client’s condition.