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    <title type="text">Criss Law Group, PLLC</title>
    <subtitle type="text">Big-City Experience, Small-Town Values</subtitle>

    <updated>2026-06-02T07:36:41Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Criss Law Group, PLLC</name>
				            </author>
            <title type="html"><![CDATA[The Importance of an Advanced Healthcare Directive and other documents]]></title>
            <link rel="alternate" type="text/html" href="https://www.criss-law.com/blog/2021/10/the-importance-of-an-advanced-healthcare-directive-and-other-documents/" />
            <id>https://www.criss-law.com/?p=46758</id>
            <updated>2025-08-18T14:20:44Z</updated>
            <published>2021-10-20T00:23:38Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[An estate plan can, and should, contain more than a will. The will is the largest part of your estate plan, as it contains how you wish your property to be distributed upon your death, who the executor of your estate will be, and the name(s) of the guardian(s) of any minor children. But just because it contains the most…]]></summary>
			                <content type="html" xml:base="https://www.criss-law.com/blog/2021/10/the-importance-of-an-advanced-healthcare-directive-and-other-documents/"><![CDATA[An estate plan can, and should, contain more than a will. The will is the largest part of your estate plan, as it contains how you wish your property to be distributed upon your death, who the executor of your estate will be, and the name(s) of the guardian(s) of any minor children. But just because it contains the most information does not mean it is the most important. There are several other critical documents that can round out your estate plan and should not be forgotten, such as an advanced healthcare directive, a medical power of attorney, a statutory durable power of attorney, and a HIPPA form.

An advanced healthcare directive, or living will as it is sometimes referred to, allows you to memorialize your wishes regarding end of life health care decisions so your desires are known at a time that you may not be able to communicate them yourself. In a typical advanced healthcare directive, you will give instructions for two different treatment preferences. First, you will decide what your treatment preference is if you are diagnosed with a terminal condition for which you are not expected to survive longer than six months, even with available life sustaining treatment provided in accordance with the prevailing standards of medical care. You will elect to either withhold life sustaining treatments, other than those needed to keep you comfortable, or to be kept alive in your current condition using available life sustaining treatments. Second, you will decide what your treatment preferences are if you are diagnosed with an irreversible condition. An irreversible condition is a condition that you are expected to die without available life sustaining treatment, but not necessarily within six months. You can either elect to withhold life sustaining treatment, other than those needed to keep you comfortable, or to be kept alive in the irreversible condition using available life sustaining treatments. There are two important things to note about the advanced healthcare directive. First, your decisions in this document will only be relied on if you are incapacitated and unable to make your preferences known. Second, these decisions typically do not apply to hospice care. So, if you or your healthcare representative elect hospice care, you will only receive treatments needed to keep you comfortable and not be given life sustaining treatments. If you have any questions regarding what types of treatments are considered life sustaining treatments or about how these decisions may relate to your specific health care situation, you may wish to speak with your doctor before you sign an advance healthcare directive to ensure you are making the best decision for you. The advanced healthcare directive is a critical piece of your estate plan as it saves your family from potentially having to make a difficult decision regarding your end of life health care. Not only will the document serve as a record of your desires in the above outlined scenarios, but you will have also discussed your desires with your family so they will also have knowledge of what you would like to happen in the event you cannot decide for yourself.

Two other important pieces of your estate plan are the statutory durable power of attorney and the medical power of attorney. A statutory durable power of attorney grants an agent or an attorney in fact powers with respect to your property or financial affairs. You can choose to have those powers effective immediately or upon your incapacitation or disability. Your power of attorney does not have to be a lawyer, it can be anyone that you trust to handle your property and financial affairs responsibly. The person you grant as your attorney in fact will not have the ability to take advantage of their control over your finances and do anything for personal gain without criminal repercussions, but it is still important to choose someone that you trust. A medical power of attorney allows you to select someone to make healthcare decisions for you in the event that you are incapacitated and unable to make the decisions for yourself. This covers any other scenario that the advanced healthcare directive does not, such as what treatment you should have in the time of a critical injury or illness. This document will only take effect if a doctor decides that you are unable to make those decisions for yourself. Both power of attorney documents are an important part of your estate plan as they let doctors and/or your family and loved ones know who you want to be making decisions and caring for your personal affairs at a time when you are not able to do so.

Your estate plan could contain more than these five documents, but these primary documents will round out your estate plan and give you more peace of mind than just a will.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Criss Law Group, PLLC</name>
				            </author>
            <title type="html"><![CDATA[MY CHILD IS 12, CAN THEY CHOOSE WHO THEY WANT TO LIVE WITH?]]></title>
            <link rel="alternate" type="text/html" href="https://www.criss-law.com/blog/2021/08/my-child-is-12-can-they-choose-who-they-want-to-live-with/" />
            <id>https://www.criss-law.com/?p=46751</id>
            <updated>2021-08-24T20:52:48Z</updated>
            <published>2021-08-24T20:38:54Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Child custody disputes are some of the most common questions we get from potential clients. Often both parents genuinely want what THEY believe is in the best interest of the child. But what happens when the child being fought about gets a say in which parent the child wants to live with? This article will focus on what happens in…]]></summary>
			                <content type="html" xml:base="https://www.criss-law.com/blog/2021/08/my-child-is-12-can-they-choose-who-they-want-to-live-with/"><![CDATA[Child custody disputes are some of the most common questions we get from potential clients. Often both parents genuinely want what THEY believe is in the best interest of the child. But what happens when the child being fought about gets a say in which parent the child wants to live with? This article will focus on what happens in Texas when a child gets to the age that they can have input in determining who they live with.
<h3>How much does a child’s wishes matter?</h3>
First it is important to understand that a child’s decision on which parent to live with is not a binding decision on any court in Texas. It is, however, a factor a court will consider. In Texas, a child’s decision cannot be the sole factor in determining which parent the child lives with. But, once the child reaches the age of 12, and if the proper procedures are followed, the court can consider the child’s wishes as to whom he or she wishes to live with.
<h3>What age does a child have to be?</h3>
Children cannot truly decide which parent they want to live with until they are 18 years old.. Under Texas Family Code 153.009, parents can request that the judge speak with their child. If the child is aged 12 or older, the judge must meet with the child. If the child is not 12, the judge isn’t required to meet with the child.
<h3>What should parents keep in mind?</h3>
Parents should understand that while a request for an interview between the judge and a child may be granted, the interview is evidence that the court may use to make a decision. The judge is ultimately the one who makes the decision regarding custody in contested situations dealing with possession or access; the law does not require that the judge follow the child’s wishes. Also, children are unpredictable. Judges are adept at getting to the truth of a situation, and a parent who thinks that the child is on their “side” may end up telling the judge some less than favorable things that otherwise would have gone unknown.

<span style="font-size: 8pt;"><em>Disclaimer: The legal information presented herein should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. General advice should always be tested by the particular facts and circumstances of each case. Legal advice is almost always case specific. Statues, ordinances, legal procedures, case law and rules of evidence are often revised.</em></span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>by Criss Law Group, PLLC</name>
				            </author>
            <title type="html"><![CDATA[Why do I need a will?]]></title>
            <link rel="alternate" type="text/html" href="https://www.criss-law.com/blog/2021/06/why-do-i-need-a-will/" />
            <id>https://www.criss-law.com/?p=46681</id>
            <updated>2021-06-16T22:18:16Z</updated>
            <published>2021-06-16T22:15:12Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[You’ve probably held off creating an estate plan for many reasons. I’m young, I don’t need to worry about that yet. It’s depressing to think about that stuff. I don’t have the time. It costs too much money. I don’t have that many assets and I just want everything to go to my spouse, I don’t need a will. However,…]]></summary>
			                <content type="html" xml:base="https://www.criss-law.com/blog/2021/06/why-do-i-need-a-will/"><![CDATA[You’ve probably held off creating an estate plan for many reasons. I’m young, I don’t need to worry about that yet. It’s depressing to think about that stuff. I don’t have the time. It costs too much money. I don’t have that many assets and I just want everything to go to my spouse, I don’t need a will. However, most of these excuses are exactly the reasons you should make the time and the investment into your estate plan.

When a person dies without a will in Texas, they are said to die intestate, and the distribution of his or her estate will be done according to the state created intestacy laws. In some instances, the provided distribution scheme may align to how you would like your property to be distributed upon your death. However, the laws will likely not provide for certain family members, such as children from a previous marriage or step children, in the way that you would prefer. A will allows you complete control and discretion over how your property will be distributed and gives you peace of mind that your family members are being adequately provided for in the event that you are no longer able to do so.

Preparing a will can also alleviate a lot of stress from your family after you pass away. Your will tells them exactly how you want your property to be distributed, whether that be to individuals, trusts, or charitable organizations. The probate process can cause tension and arguments even amongst the strongest and amicable families, and a well drafted will can prevent uncertainty and arguments.

Additionally, working with an attorney to prepare your estate plan can ensure that you take advantage of the mechanisms that Texas law has in place to make the probate process less cumbersome and less expensive for your family. Texas allows for independent administration of a will, which means that once a will is admitted to probate and the executor is recognized by the court, the executor is free to carry out his or duties under your will without court approval or intervention every step of the way. However, you must elect to have an independent administration in your will, it is not the default process under the law to probate a will. So, even if you feel that you do not have many assets that need to be transferred to someone else upon your death, the probate process can be cumbersome and costly if you do not plan ahead.

<span style="font-size: 12px;"><em>Disclaimer: The legal information presented herein should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. General advice should always be tested by the particular facts and circumstances of each case. Legal advice is almost always case specific. Statues, ordinances, legal procedures, case law and rules of evidence are often revised.</em></span>]]></content>
						        </entry>
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