Professional Estate Planning Attorney
Serving Celina, Frisco, McKinney, Prosper TX & the Surrounding Areas

Wills

Wills are usually the simplest device for planning the distribution of an estate. It is important that a will be created and executed in compliance with the laws of the jurisdiction where it is created. Otherwise, problems—potentially including litigation—may arise. If probate proceedings occur in a different jurisdiction, it is important also to ensure that the will complies with the laws of that jurisdiction or that the jurisdiction will follow the provisions of a valid out-of-state will even if they might be invalid for a will executed in that jurisdiction.

With wills, one-size-fits-all solutions are simply not very effective. You need a will that is customized for your specific situation. We will help you draft a will that best serves your interests and accomplishes your goals. Call us today to set up a confidential consultation with our experienced will attorney.

Living Wills (Advance Directives)

Estate planning is about far more than dividing up property. A proper estate plan should protect you if you are no longer able to express your own wishes. Beyond giving a trusted loved one the legal authority that they need to act on your behalf, you may also want to record your medical/end-of-life wishes.

A living will specifies what kind of medical care a person wants, in the event that they can no longer communicate their wishes. If there is no living will, these decisions will rest with the spouse, family, or another third party who may not know the person’s wishes. If you want a say regarding your medical care or end-of-life care, it is strongly recommended that you create a legally enforceable living will.

Trusts

Although every adult needs a will, it is not always the best available estate planning tool for passing down property and assets to heirs. For some, creating a trust is a more efficient and more cost-effective option. Do not believe the myths and misconceptions about trusts—they are not merely tools for the ultra-wealthy. Quite the opposite, many middle-class people in North Texas can benefit from creating a trust.

There are many different types of trusts. What type of trust should be used will depend, in large part, on your objectives and the unique nature of your situation. At The Cawlfield Law Firm, PLLC, our will and trust attorney has the skills and experience to help you find the solution that is best for your specific circumstances. If you have questions about trust planning in Texas, call our law office today.

Power of Attorney (POA)

Power of attorney (POA) is a document that gives you the ability to designate who will manage your affairs if you can no longer do so yourself. Read below to find out more about the type of POA.

General Power of Attorney

General power of attorney involves giving broad powers to someone to operate on your behalf in financial, insurance, and other related matters. If you are unable to take care of these things or if you are out of the country, general power of attorney comes into play.

Durable Power of Attorney

Durable power of attorney is a document which keeps the current power of attorney in effect in case you end up mentally incompetent. 

Special Power of Attorney

Special power of attorney directs an agent to have specific powers, from managing real estate matters and handling business transactions to collecting debts.

Health Care Power of Attorney

Health care power of attorney gives a specified person the authority to make medical decisions on your behalf if you are unable to make your own decisions.

HIPAA Release

The Health Insurance Portability and Accountability Act (HIPAA) is a comprehensive federal law that regulates health care providers and health insurance companies. For individuals and families, one of the most important things to know about HIPAA is that it requires doctors and health care providers to strictly protect the confidentiality of medical records and other sensitive health information. While these privacy protections are extremely important, the law also creates some challenges. Without the proper HIPAA release in place, it can be difficult for family members and other trusted loved ones to get access to your medical records if you become incapacitated. You can plan for this; indeed, a HIPAA authorization is a key part of a comprehensive estate plan. It is a detailed legal document that allows physicians, medical providers, and insurance companies to share otherwise confidential health care information with trusted people.

Adult Guardianships (Soon to Be 18-Year-Olds)

In Texas, an 18-year-old is legally an adult. With that comes both rights and responsibilities. For parents of disabled or special needs children, an 18th birthday presents some unique challenges. You may realize that your child is not currently or may never be in a position to manage their own financial or legal affairs. There are options available.

In some cases, you may need to obtain an adult guardianship to effectively care for your vulnerable child. In Collin County, TX, approximately 80 percent of adult guardianship cases involve soon to be 18-year-olds who are incapacitated and expected to remain that way. If you are the parent or guardian of a special needs teenager who is nearing their 18th birthday, we can help you put in the proper legal structure in place to protect their health and well-being.

Our compassionate guardianship attorney has the skills and experience to advise parents and other close family members seeking an adult guardianship for teenagers. We will explore every available option to create the best possible environment for your child/loved one to thrive. In some situations, a less restrictive alternative—including powers of attorney, a Special Needs Trust (SNT), a supported decision-making agreement, or some combination of all three may be appropriate. In other cases, a full guardianship of your adult child may be the best option. We will help you understand your rights, navigate the process, and take action to protect your family throughout McKinney, Prosper, Celina, and Frisco, TX.

Adult Guardianships (Older Adults)

There may come a point in time when an adult is no longer able to manage their own financial or legal affairs. For a family, this can be an especially difficult and stressful time. Depending on the circumstances, an adult guardianship may be set up to protect an incapacitated or otherwise vulnerable person.

Under Texas state law, courts are required to consider “less restrictive alternatives” when hearing guardianship cases. In other words, a court will only allow an adult guardianship if deemed truly necessary to protect a vulnerable person’s safety and well-being.

Our estate planning attorneys understand how challenging going through a guardianship case can be. If you have any questions or concerns about adult guardianships in Texas, please contact our compassionate Celina adult guardianship lawyer for immediate assistance with your case.

Probate and Estate Administration

Probate is the legal process through which a person’s last wishes are confirmed and their estate is settled. The first question in probate is always the same: Did the person have a will? If there was a will, its validity must be confirmed, and the estate will be settled accordingly.

However, if there is no will, then a person’s estate will be handled under the Texas intestacy rules. Applying the intestacy laws can be complicated. If your loved one died without a will, we can help you navigate the process and protect your rights.

We represent individuals and families during Texas probate and estate administration. Whether your loved one passed away with a will or without a will, we can help. If you are preparing for probate or you have any questions about the process in general, please do not hesitate to contact our Celina, TX probate and estate administration attorney for immediate assistance.

How Estate Planning Attorney Eddie Cawlfield Can Help

As an entrepreneur and co-founder of a successful healthcare staffing company, Eddie Cawlfield brings a diverse, well-rounded perspective to his clients. Fluent in Spanish and a Member of the Estate Planning Committee of the Collin County Bar Association, Mr. Cawfield has deep experience advising clients across a wide range of estate planning matters. When you reach out to our law firm, you will get a Texas estate planning attorney who will:

• Listen to your story, understand your objectives, and answer your questions
• Help you understand your estate planning options
• Gather and organize all relevant documents and records
• Devise a comprehensive estate plan that is narrowly tailored to your unique needs