Conroe Estate Planning Attorney
Jessica Fritz is a Conroe estate planning attorney at Fritz Law Firm, PLLC, across the street from the Montgomery County Courthouse. This page explains the Texas documents that say who receives your property and who decides for you if you cannot: wills, powers of attorney, medical directives and guardian designations.
What does an estate plan in Texas include?
Estate planning in Texas is the process of signing documents, while you are able to, that say who receives your property when you die and who can handle your money and medical care if you become unable to. Most Texas plans pair a will with several shorter documents, and each one is governed by its own statute.
Will
Names who receives your property, who serves as executor, and who should raise minor children. Governed by Texas Estates Code chapter 251.
Statutory durable power of attorney
Names an agent to handle money, property and business matters, and keeps working if you become incapacitated. Estates Code chapters 751 and 752.
Medical power of attorney
Names an agent to make health care decisions, but only after your doctor certifies that you cannot. Health and Safety Code chapter 166, subchapter D.
Directive to physicians
Records your wishes about life-sustaining treatment if you have a terminal or irreversible condition. Often called a living will.
HIPAA authorization
Lets doctors and insurers share your health information with the people you name, under the federal privacy rule at 45 C.F.R. § 164.508.
Designation of guardian
Names, in advance, who should serve as your guardian if a court ever needs to appoint one, and can rule people out.
What makes a will valid in Texas?
A Texas will is valid when a person of sound mind who is at least 18, married, or serving in the armed forces signs it in writing and two witnesses age 14 or older sign it in that person's presence. Those requirements come from Texas Estates Code § 251.001 and § 251.051.
- A will written entirely in the maker's own handwriting does not need witnesses, under § 251.052.
- A self-proved will, signed with the witnesses before a notary, can be admitted to probate without witness testimony under § 251.102.
How does a durable power of attorney work in Texas?
A durable power of attorney in Texas is a signed document naming an agent to handle the principal's financial affairs that keeps working if the principal later becomes incapacitated. Texas Estates Code § 751.0021 requires the principal's signature, wording that makes it durable, and an acknowledgment before a notary.
The Legislature publishes a fill-in version, the statutory durable power of attorney, in § 752.051. Under that form, the power starts immediately unless the principal chooses to have it start only on disability or incapacity. Unless the document says otherwise, § 751.00201 treats the principal as incapacitated once a physician certifies in writing that the principal cannot manage financial affairs.
- The statutory form states that it does not authorize medical decisions. Those belong in a medical power of attorney.
- When an agent signs a deed or other real estate document that will be recorded, § 751.151 requires the power of attorney to be recorded in that county within 30 days after the real estate document is filed.
Who makes medical decisions in Texas if you cannot?
The agent named in a medical power of attorney makes health care decisions in Texas once the attending physician certifies in writing that the principal is incompetent. Under Health and Safety Code § 166.152, the principal's own objection still controls, and the agent must follow the principal's known wishes.
- A medical power of attorney is signed before two qualified witnesses or a notary under § 166.154. Section 166.003 bars certain people, such as the agent and relatives, from serving as the key witness.
- A directive to physicians follows the same choice of two witnesses or a notary under § 166.032, and § 166.033 supplies the form.
What is guardianship in Texas, and what are the alternatives?
Guardianship in Texas is a court case that appoints a guardian to make decisions for an incapacitated person, called the ward. Texas Estates Code § 1002.017 defines an incapacitated person as a minor, or an adult who, because of a physical or mental condition, is substantially unable to meet basic needs, care for their own health, or manage their own money.
What a court must find before appointing a guardian
Under § 1101.101, the court must find by clear and convincing evidence, a high standard of proof, that the person is incapacitated, that guardianship is in the person's best interest, and that alternatives to guardianship and available supports and services were considered and would not work.
Guardianship of a minor's estate
Parents are the natural guardians of their child's person, but § 1104.051 treats guardianship of the child's estate, meaning the child's money and property, as a separate court appointment. The question usually comes up when a child inherits money or is named to receive life insurance.
Alternatives that can avoid a guardianship
Section 1002.0015 lists the alternatives to guardianship that a court must consider. They include:
- A durable power of attorney and a medical power of attorney, signed while the person still has capacity.
- A supported decision-making agreement under Estates Code chapter 1357, in which an adult with a disability chooses a supporter to help gather information and communicate choices without making decisions for the adult. It is signed before two witnesses or a notary under § 1357.055.
- A declaration naming a guardian before the need arises, under §§ 1104.202 and 1104.203.
- A management trust, a special needs trust, a representative payee for government benefits, or a joint bank account.
Naming a guardian for your children
A surviving parent may name, by will or written declaration, the person who should become guardian of minor children if that parent dies or becomes incapacitated. Under § 1104.053, the court appoints that person unless the person is disqualified, has died, refuses to serve, or would not serve the children's best interests.
What happens to a Texas will after a death?
After a death in Texas, the will is filed with the court and admitted to probate, the court process that confirms the will and lets property pass under it. Under Texas Estates Code § 256.003, a will generally must be offered for probate within four years after the death unless the person applying was not at fault for the delay.
When the estate owes no unpaid debts other than debts secured by a lien on real estate, § 257.001 lets the court admit the will as a muniment of title. That shorter process uses the will itself as the record of who owns the property, without appointing an executor.
A Texas divorce changes an existing estate plan
A Texas divorce automatically removes a former spouse from several estate planning roles unless the document says otherwise. Under Estates Code § 123.001, a will signed before the divorce is read as if the former spouse died first, which cancels gifts to the former spouse and that spouse's role as executor.
- Durable power of attorney: a former spouse's authority as agent ends under § 751.132(a)(3).
- Medical power of attorney: a former spouse's authority as agent is revoked under Health and Safety Code § 166.155(a-1).
- Designation of guardian: a divorce voids the designation of a spouse under § 1104.211.
The divorce page explains the case itself, and the property division page explains which property is community and which is separate. The Texas family law guide shows how those matters fit together.
Working with a Conroe estate planning attorney
Fritz Law Firm, PLLC prepares estate planning documents, including, but not limited to, the wills, powers of attorney, directives and guardian designations described on this page, and handles probate. The office is at 220 1/2 W Davis St in Conroe, directly across the street from the Montgomery County Courthouse, and serves clients in Montgomery, Harris, Fort Bend and Waller Counties. Consultations can be held by phone appointment.
Conroe estate planning attorney: common questions
Is a handwritten will valid in Texas?
Yes. Under Texas Estates Code § 251.052, a will written entirely in the maker's own handwriting and signed does not need witnesses. Without a self-proving affidavit, the handwriting may have to be proved by witnesses when the will goes to probate.
What is the difference between a medical power of attorney and a directive to physicians?
A medical power of attorney names a person to make health care decisions once a doctor certifies that you cannot. A directive to physicians records your own wishes about life-sustaining treatment for a terminal or irreversible condition. Many Texas plans include both, under Health and Safety Code chapter 166.
Does a power of attorney still work if I become incapacitated?
Only if it is durable. Texas Estates Code § 751.0021 requires language saying the power is not affected by later disability or incapacity, or that it starts on disability or incapacity. The statutory durable power of attorney form includes that language.
What is a supported decision-making agreement in Texas?
It is an agreement under Estates Code chapter 1357 in which an adult with a disability chooses a supporter to help understand options and communicate choices. The adult keeps the right to make the decisions. It is one of the alternatives a court must consider before appointing a guardian.
Does my divorce cancel my will?
Not entirely. Under Texas Estates Code § 123.001, a will signed before the divorce is read as if the former spouse died first, unless the will says otherwise. The rest of the will still stands, so many people sign a new will after a divorce.
Can a Conroe estate planning attorney help my family avoid a guardianship?
Signing a durable power of attorney, a medical power of attorney and a designation of guardian while you are able gives a court alternatives to consider. Under Estates Code § 1101.101, a court must find that alternatives would not work before appointing a guardian. No document can promise that a guardianship will never be filed.
Last reviewed: November 8, 2026. This page explains general Texas law. It is not legal advice about any particular situation.
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Jessica Fritz, a Conroe estate planning attorney, can explain which Texas documents fit your family and how each one works.
Meet your attorney
Jessica Fritz, family law attorney in Conroe, Texas
Every case at Fritz Law Firm, PLLC is handled by one lawyer, Jessica Fritz, working with the firm's staff. There are no associates, so your case is not handed off to someone you have never met.
Jessica Fritz gives clients straight answers about Texas family law, a frank view of where their case stands, and a clear next step.
- Texas law license
- Licensed by the State Bar of Texas since 2008
- Cases handled
- Family law, mostly in Montgomery County, with regular cases in Harris, Fort Bend and Waller Counties
- Office
- 220 1/2 W Davis St, Conroe, TX 77301, across the street from the Montgomery County Courthouse
- Roots
- Born in Amarillo; now lives in Cypress, Texas
Ready to talk through your family law case? The office sits across the street from the Montgomery County Courthouse in Conroe. Most of the firm's cases are in Montgomery County, with steady work in Harris, Fort Bend and Waller Counties too.
Fritz Law Firm, PLLC
- Family law office in downtown Conroe
- 220 1/2 W Davis St, Conroe, TX 77301
- 713-887-7500
- info@fritz-law.com
- Mon–Thu 8:30 AM – 5:30 PMFri 8:30 AM – 12:00 PMSat & Sun closed
© 2026 Fritz Law Firm, PLLC, Conroe, Texas
This website is attorney advertising. Fritz Law Firm, PLLC practices family law in Texas from its principal office in Conroe. The pages on this site share general information, not legal advice for your situation. Calling, emailing or messaging the firm does not make you a client; representation starts only after both sides sign a written engagement agreement. Results in past matters do not predict results in future ones, because each case depends on its own facts. Jessica Fritz, a member of the State Bar of Texas, is the attorney responsible for this website.