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Family and legal questions

Powers of attorney, guardianship, advance directives and sibling decisions under Texas law.

Quick answer

A Texas statutory durable power of attorney for finances, a medical power of attorney, a directive to physicians (living will), and HIPAA authorizations, signed while the parent has capacity.

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What legal documents should an El Paso parent have?

A Texas statutory durable power of attorney for finances, a medical power of attorney, a directive to physicians (living will), and HIPAA authorizations, signed while the parent has capacity.

An elder law attorney can prepare them, and Texas publishes statutory forms. Keep copies with the doctor, the hospital and any facility, and make sure the agents named are willing and able to act.

What is an out-of-hospital DNR in Texas?

A Texas form that tells emergency responders not to attempt resuscitation outside a hospital, signed by the person or their legal representative and a physician.

Keep it where responders will see it at home, and give a copy to any assisted living facility. It is separate from the directive to physicians.

What if a parent can no longer make decisions and has no power of attorney?

Family may need to seek guardianship through the probate court in El Paso County, which is slower, costlier and more public than planning ahead.

Texas courts must consider less restrictive alternatives, such as supported decision-making agreements, before appointing a guardian. An attorney can explain the options.

How do siblings share decisions about a parent's care?

Agree on one point person, share information openly, divide tasks by skill and distance, and revisit the plan regularly as needs change.

Siblings outside El Paso can handle research, bills and phone calls; those nearby handle visits. A neutral advisor, care manager or mediator can help when families disagree.

Can a family member be paid to care for a parent in Texas?

Some Medicaid options, such as consumer-directed services under STAR+PLUS, let a person hire certain relatives as attendants; privately, use a written care agreement.

Unwritten payments to family can be treated as gifts and delay Medicaid eligibility. See protecting a spouse.

Who can help with elder law questions in El Paso?

A Texas elder law attorney, the Rio Grande Area Agency on Aging's benefits counselors, and free legal aid organizations listed on TexasLawHelp.org.

Ask any attorney about experience with Medicaid planning, guardianship and veterans' benefits before hiring.

What should a family do if a parent's money is being misused?

Report suspected financial exploitation of a parent living at home to Adult Protective Services at 1-800-252-5400, or to HHSC at 1-800-458-9858 if it involves a licensed facility or agency, and contact the bank's fraud department right away.

Warning signs include sudden changes to accounts or wills, unpaid bills despite enough income, new 'friends' handling money, and missing belongings. A durable power of attorney agent must act in the parent's interest and keep records; misuse can be reported and challenged in court.

Side by side

These answers areThese answers are not
BasisTexas rules and published data, cited on our guide pagesLegal, tax or medical advice
ScopeGeneral answers for El Paso and Hudspeth countiesA decision about your parent's case
FreshnessChecked November 2026Guaranteed after rules or rates change

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