If you have begun thinking about creating an estate plan, there is a good chance you have seen at least a few ads for self-serve estate planning or will creation services. When you first see the advertisements, it is easy to believe that such services will save you money, time, and stress. The ads might even outright claim that you do not need an attorney to develop your estate plan.

The bad news is that online document generators and DIY estate planning services lead many people into serious mistakes. These mistakes can cost a great deal in lost money, time, and frustration not only for the creators of the estate plan but also for the loved ones they leave behind.

Why You Need a Lawyer

There is no law in Texas that says you must work with an attorney to create an estate plan. However, DIY estate planning services try to “help” as many people as possible by being a “one-size-fits-most” approach. A DIY site might offer basic estate planning documents such as wills, powers of attorney, and advance medical directives. Unfortunately, the basics are often insufficient to properly address your needs. When you work with a qualified lawyer, your attorney will help you explore all of your options—including lesser-known and more complicated instruments—so that you can make the best possible decisions for yourself and your loved ones.

In 1990, the U.S. Congress passed a historic bill into law that would forever change business: the Americans with Disabilities Act (ADA). This law effectively enforces the civil rights and needs of people with disabilities. Before this law was passed, horror stories existed of inaccessible mobility for those bound to wheelchairs. Unfortunately, some people were forced to get out of their wheelchairs and crawl up stairs to schoolhouses and courtrooms. Buses also used to be inaccessible because there were no lifts available. Furthermore, grocery shopping was nearly impossible without someone tagging along to assist, as shelves were stocked to the ceiling. 

Since the passing of the ADA, life has become a bit easier for disabled customers and employees, and business owners are often happy to comply with ADA guidelines. However, sometimes new businesses may not realize the extent of the Americans with Disabilities Act policies and have trouble conforming.

Basics of ADA Laws

A few of basic guidelines of the Americans with Disabilities Act include:

Contracts play an important role in a business’s ability to operate successfully. When a business makes a deal with a vendor, a client, its employees, or other parties, everyone who signs the agreement is expected to hold up their end of the bargain. Unfortunately, there are many cases where contract breaches occur, such as when a company fails to complete work on time after receiving payment. While it may sometimes be possible to resolve disagreements about contracts through communication or negotiation, a party that suffered losses because of a breach of contract may pursue litigation to address these issues. In these situations, it is important to understand the orders that may be made by a court to correct the breach.

Common Remedies in Breach of Contract Cases

To succeed in contract litigation, one party to a contract will need to meet certain requirements, including demonstrating that the contract was legally valid, that the other party failed to meet some or all of their requirements, and that they suffered losses or other damages as a result of the breach. If a plaintiff can prove all of these elements, the court may impose certain penalties or requirements on the party that breached the contract (the defendant).

In many cases, the plaintiff will seek monetary damages from the defendant. These usually take the form of compensatory damages, or repayment for the losses they experienced. These may include both direct and indirect losses. For example, if a manufacturer had a contract with a supplier to deliver certain materials, but the supplier did not deliver the materials by the expected date, the manufacturer may have suffered direct losses because it was unable to build and sell products. However, it may have also suffered indirect losses because its failure to deliver products on time led its customers to cancel orders or back out of business deals, resulting in additional financial losses. The plaintiff may seek compensation for all of the losses that occurred because the supplier did not meet its contractual obligations.

A last will and testament is one of the foundational elements of a comprehensive estate plan. A person’s will details decisions about how the property they own should be passed to their heirs after their death. Seniors who are entering their twilight years will often be looking to make plans for how to address different assets they own, distribute property to their loved ones, and ensure that their wishes will be followed after their death. When creating a will or making changes to a will that had previously been created, a person will need to make sure to understand the legal issues that they may need to address.

Key Considerations in a Last Will and Testament

It is important to understand how different types of property will be considered during the probate and estate administration process. Seniors will need to take a complete inventory of their assets and debts before they will be able to make decisions about how the distribution of their property will be handled. Some different types of assets to consider include:

• Jointly-owned property - Assets that are jointly owned with a spouse or another party (such as a home that is co-owned by a person’s child) will not be distributed to a person’s heirs following their death. Instead, the co-owner will assume full ownership of these assets. However, it may still be a good idea to include these assets in a will, which will address situations where a co-owner dies prior to or at the same time as the testator.

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In many cases, estate planning is focused on making decisions about what should happen after a person’s death. While this is an important issue to address, a family may also need to consider issues related to a person’s medical treatment and personal needs as they reach an advanced age. This aspect of estate planning is known as incapacity planning, since it will address how decisions will be made in any situations where a person becomes incapacitated, meaning that they cannot make decisions for themselves or cannot express their wishes to others. One of the key tools used for incapacity planning is a medical power of attorney.

Addressing Health Issues Through a Power of Attorney

In a power of attorney agreement, a person will name someone who will be allowed to make decisions for them. This person is known as their agent. When creating a power of attorney, a person will want to choose a person they trust to serve as their agent, such as an immediate family member or a close friend. 

With a medical power of attorney, an agent will have the authority to make decisions about a person’s health and personal needs. This may include deciding what types of medical treatment they will or will not receive, determining whether they should be admitted to a hospital or receive care in a nursing home, and addressing issues related to end-of-life care, such as deciding whether life-sustaining treatment should be provided or withheld. While a medical power of attorney will generally allow an agent to make any necessary decisions, a person can specify what types of decisions the agent can address, and they can also leave detailed instructions about their wishes for the types of care they do or do not want to receive.