In our second discussion of incapacity planning in the state of Texas, we are going to take a closer look at some of the specific tools you will include in your incapacity plan. Learn more about Texas incapacity planning in this whitepaper.

1. TEXAS – INCAPACITY
PLANNING PART 2
– THE SPECIFICS
JOHN R. VERMILLION
“In our second discussion of incapacity planning in the state
of Texas, we are going to take a closer look at some of the
specific tools you will include in your incapacity plan”

2. Texas – Incapacity Planning Part 2 – The Specifics www.vermillionlawfirm.com 2
In our second the discussion of incapacity planning in the state of
Texas, we are going to take a closer look at some of the specific tools
you will include in your incapacity plan.
While your plan will be based on these tools, and those tools must
comply with specific legal requirements, it’s important to point out that
using these various devices in no way restricts the kinds of choices you
can make. You are still capable of making decisions about what you
want to happen to you should you become incapacitated.

3. Texas – Incapacity Planning Part 2 – The Specifics www.vermillionlawfirm.com 3
The key here is to realize that only by creating a specific type of
incapacity planning device can you be sure that your wishes will be
honored when you can no longer communicate or make decisions for
yourself. As always, if you ever have any question about the kind of tool
you create, or the reasons you are creating it, you should always raise
your concerns with your estate planning attorney before you sign any
documents.
STATUTORY DURABLE POWER OF ATTORNEY
People who become incapacitated don’t just suddenly stop having to
pay bills, manage their
property, or deal with the
other responsibilities that
need to be looked after. This
is why creating a statutory
durable power of attorney is
such an essential part of
creating a comprehensive
estate plan. (Note, a
statutory durable power of
attorney is also sometimes referred to as a financial power of attorney,
or a durable financial power of attorney.)

4. Texas – Incapacity Planning Part 2 – The Specifics www.vermillionlawfirm.com 4
Like all powers of attorney, the statutory durable power of attorney
gives you the ability to name one or more agents who will be able to
manage your responsibilities. If you want to create a power of attorney
that gives your agent decision-making authority immediately, you can
do so. However, the
statutory durable power
of attorney gives your
agent the ability to act
after you become
incapacitated. Non-
durable powers do not
grant this ability.
You will have to select an
agent when you create
your statutory durable power of attorney. This agent can be almost
anyone you like as long as that person is capable and willing to serve in
the position. You can also choose an organization, such as a bank or
trust company, to act as your agent under your statutory durable power
of attorney.

5. Texas – Incapacity Planning Part 2 – The Specifics www.vermillionlawfirm.com 5
ADVANCE DIRECTIVES
Advance directives, also known as medical directives or healthcare
directives, are documents through which you make specific decisions
about the kind of healthcare you might want to receive should you one
day become incapacitated. There are several different types of
advanced directives available to people in Texas.
 Out of Hospital do not Resuscitate. This type of advance
medical directive must be signed in the presence and after
consultation with your doctor. It allows you to instruct
emergency medical personnel or other health care workers about

6. Texas – Incapacity Planning Part 2 – The Specifics www.vermillionlawfirm.com 6
your desire for them to not provide you with resuscitative
treatments, such as CPR. The Out of Hospital do not Resuscitate,
sometimes referred to as a DNR, allows you to choose to have a
natural death instead of receiving heroic life-saving, or life
extending, measures.
 Medical Power of Attorney. Similar to a statutory durable
power of attorney, a medical power of attorney gives you the
ability to choose an agent who can make decisions on your behalf.
Under a medical power of attorney your agent can make medical
decisions for you after you become incapacitated. The agent can
communicate with your doctors and health care providers, review
your medical records, and will be able to make medical decisions
for you when you can no longer do so on your own.
 Directive to Physicians and Family or Surrogates. More
commonly known as a living will, the Directive to Physicians and
Family or Surrogates is an advance directive that allows you to
communicate your medical wishes in as much detail as you like.
Should you become incapacitated, your healthcare providers must
refer to, and abide by, the decisions you express in your living will.
Further, if you choose to make a medical power of attorney, your
agent must also abide by the wishes you express in the document.

7. Texas – Incapacity Planning Part 2 – The Specifics www.vermillionlawfirm.com 7
 Declaration for Mental Health Treatment. Similar to a
living will, a Declaration for Mental Health Treatmentis a
document that allows you to grant consent to various types of
healthcare treatments involved in the treatment of mental illness.
For example, through your Declaration for Mental Health
Treatmentyou might state your consent to receiving convulsive
therapy, psychoactive medication, or similar treatments. Should a
court find you incapacitated and unable to make treatment
decisions, your Declaration for Mental Health Treatmentwill
guide your health care providers as they treat you.
YOU NEED HELP CRAFTING A COMPREHENSIVE PLAN

8. Texas – Incapacity Planning Part 2 – The Specifics www.vermillionlawfirm.com 8
Regardless of what your individual choices are, or how you want to
approach the question of incapacity, developing an incapacity plan is
absolutely essential if you are an adult living in the state of Texas. The
legal reality is that if you don’t have an incapacity plan in place, the
medical choices that you have to make will not go away if you’re
incapacitated. Without a plan, you leave it up to others to make those
choices for you, but have no control over who those people are or what
choices they will make.
In other words, making an incapacity plan allows you to make choices
for yourself, while not making one means that others will make those
choices for you whether you like it or not.
If you’ve never spoken to an attorney about crafting an incapacity plan,
you should contact us as soon as possible. The attorneys and staff at the
Vermillion Law Firm have a lot of experience helping our clients create
incapacity plans that meet their individual needs. The plan you need is
one that will address all the questions and issues that might arise
should you become incapacitated, and one that will work seamlessly
with each of the different elements you create.

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About the Author
John R. Vermillion
John R. Vermillion works as an estate planning and probate attorney
and is licensed to practice in Texas, Louisiana, Oklahoma, and
Tennessee. A native Texan, he graduated from Texas Christian
University in 1974 receiving a Bachelor of Arts Degree in Political
Science. In 1977, he received his Juris Doctor degree from the
Louisiana State University Law School.
Upon graduation from law school, Mr. Vermillion worked
extensively as a corporate attorney in the fields of oil and gas
exploration and production, real estate development, finance and
estate planning. He served for many years as corporate counsel and
Vice President of a private independent oil and gas company.
Mr. Vermillion is a member of the State Bar of Texas, the Dallas Bar Association, the Louisiana
State Bar Association, the Oklahoma Bar Association, and the Tennessee Bar Association. He is
a member of the American Academy of Estate Planning Attorneys and the National Academy of
Elder Law Attorneys.
Also active in his community, he currently serves as a director for the Charles Coody Classic
Golf Tournament which benefits Catholic Charities of Fort Worth, Texas. A member of the
French-American Chamber of Commerce, Louisiana Chapter, Mr. Vermillion pursues their
goal of promoting and developing commercial and financial relations between France and the
United States. In addition, he serves on the TCU Dallas Alumni Board and sponsors the Dallas
area NAMI Walkathon (National Alliance for Mental Illness).
Coming from a family of entrepreneurs, Mr. Vermillion has owned and operated his own
businesses, including an historic inn. His experience has given him a hands-on understanding
of the legal and practical issues facing his clients and their estate planning needs.
The Vermillion Law Firm, LLC
www.vermillionlawfirm.com
7616 LBJ Freeway #120
Dallas, TX 75251
Phone: (972) 386-4560
Toll Free: (888) 567-574