Incapacity Planning

What’s The Difference Between Power Of Attorney And A Guardianship?

Our goal is to draft the appropriate documents to avoid any future guardianship. A power of attorney is one part of that plan, but setting up a trust for your assets may be another part of that plan. A guardianship is one of the more expensive court procedures if it is contested in any way. It will involve expert witnesses, fact witnesses, and other documentary evidence.

What Is The Role Of A Trust In Incapacity Planning?

A trust can hold property with specific instructions on how to manage that property in the event of incapacity. With a broad power of attorney, and properly drafted trust provisions, there would be no reason for a court to be involved.

What Is A Living Will?

A Directive to Physicians and Family or Surrogates is often referred to as a “living will.” This is the legal document that makes your wishes known to your family and your doctors so that there will be no argument about when and how you want to be kept on life support.

Why Should I Have A Living Will?

Some of the most heartbreaking decisions occur at end of life. Your family can rest assured that they are doing what you wanted them to do.

Can I Make Changes To My Living Will?

Like your will, a “living will” or Directive to Physicians and Family or Surrogates can be changed at any time throughout your lifetime.

What Happens If I Become Incapacitated Before Developing An Incapacity Plan?

If you do not have an incapacity plan, your family may have to seek guardianship of you. Guardianship can only be granted by a court, with an attorney filing the application and attending hearings. The court will also appoint a separate attorney to represent the proposed ward (the incapacitated person) at the hearings. The family, and anyone challenging the guardianship, will need to hire expert medical witnesses. The family is paying all of these costs.

How Does Incapacity Planning Make Things Easier For My Family?

With incapacity planning in place, it is unlikely that any court involvement will be necessary. Your family can take care of your business interests, pay your bills, or sell your car if necessary. You get to choose who makes your decisions about medical issues, such as whether you can stay at home with nursing care or if you need to go to a skilled nursing facility. Why do families fight? Sometimes it is about money, but most often the argument centers on differing opinions on what mom or dad wanted. Why not make it clear for them?

For more information on Power Of Attorney Vs. Guardianship, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 522-0906 today.






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We believe each family is unique and that your family dynamics and personal circumstances should be carefully considered when designing your plan.

Our goal is to understand your concerns, your goals, and your family’s needs. Our caring and compassionate approach to these important matters will allow you to comfortably explore your options and make informed decisions.


To provide quality and personalized estate plans which provide families the levels of protection which meet their individual needs. We consistently strive to maintain a highest levels of customer service by remaining attentive to your needs.

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We are committed to putting our clients first. Our law firm realizes that clients are entrusting us with matters that are most important to them.

Let us help your family. Please feel free to contact us for a free consultation.

Willi Law Firm, P.C.
5920 W. William Cannon Dr.
Bldg. 6, Ste. 100
Austin, TX 78749

Main:  (512) 288-3200
Facsimile:  (512) 277-6010


The attorneys at Willi Law Firm are your Austin, Texas resource for estate planning, wills, living trusts, firearms trusts, powers of attorney, living wills, probate and estate administration, trust administration, special needs trusts, disability planning, Medicaid applications and qualification, long-term care planning, elder law, Medicaid crisis planning, charitable planning, estate tax planning, business and corporate planning, business succession and sales, and asset protection.

Willi Law Firm proudly serves Central Texas individuals and families in the following counties: Bastrop, Blanco, Burnet, Caldwell, Hays, Lampasas, Lee, Travis, and Williamson, and in the following communities: Austin, Bastrop, Brushy Creek, Buda, Burnet, Cedar Park, Driftwood, Dripping Springs, Elgin, Georgetown, Hutto, Jollyville, Kyle, Lakeway, Lago Vista, Lampasas, Leander, Lockhart, Luling, Manchaca, Manor, Marble Falls, Oak Hill, Pfugerville, Rollingwood, Round Rock, San Marcos, Shady Hollow, Spicewood, Taylor, Wells Branch, Westlake, Windemere, and Wimberley.