Yes.  You can sign disability planning documents such as powers of attorney to designate agents to make decisions for you in the event you become incapacitated.  Many of these documents are on forms which have been adopted by the Texas legislature for use by Texans.  (See the forms section of this website for these statutory forms.)  These documents allow you to designate agents to make both property decisions and medical decisions for you. Designating an agent can be tricky and dangerous, however.  Lawyers and judges hear stories of persons who were taken advantage of by their agents.  For these reasons, you should seek a lawyer's advice before signing a power of attorney or other disability planning document.  One alternative to using a power of attorney for property is to create a trust benefiting yourself and naming the person you trust to be trustee.  Trusts often have more structure and safeguards than powers of attorney.  However, even with trusts the beneficiary is vulnerable to trustee abuse.  The main reason guardianships are expensive is that there are safeguards in place to protect the ward.  Trusts and powers of attorney are less expensive alternatives largely because the safeguards are missing, so persons using them must place a great deal of trust and confidence in the agent or trustee named.

Last updated on January 6, 2011 by Glenn Karisch