Practice Aids

Practice Aids at the Texas State Law Library

Below are some of the library resources aimed at practitioners that can provide further guidance on this topic.

E-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to sign up. Signing up is free.

If you are not able to visit the State Law Library in Austin, the print books listed here might be available at a law library near you or a public library near you.

E-books:

Elder law forms manual : essential documents for representing the older client
This practice manual contains more than 100 forms and documents. Each form includes commentary explaining when and how each form should be used. The manual is organized into five parts: managing the elder law practice; estate and long-term care planning; powers of attorney, medical directives and wills; trusts; and miscellaneous topics.
The ElderLaw portfolio series
Provides answers to questions concerning Medicaid, long-term care planning, healthcare issues, trusts, powers, and guardianship. Each portfolio in the series is written by an elder law expert. The series also includes a table of cases.
Page on the law of wills : including probate, will contests, evidence, taxation, conflicts, estate planning, forms, and statutes relating to wills
"This seven-volume, comprehensive set features an exhaustive discussion of all aspects of Wills, from their history at common law through the development of statutory requirements and case law interpretations. All elements of a Will are discussed, as are testamentary capacity, execution formalities, and tax considerations. Probate is explored, with emphasis on contests and construction. Also included is an entire volume of forms." - publisher's description
Representing the elderly client : law and practice
This text encourages attorneys to actively advocate for the interests of elderly clients. It also provides an overview of the basic rules, legal principles, recent cases, and step-by-step analysis of the advocacy process.
Texas estate planning
Will and trust forms annotated with alternate clauses, pitfalls to avoid, practice tips, recent cases, and tax considerations, and includes questionnaires, explanatory cover letters, asset flow charts, and case-based examples.
Advising the elderly or disabled client : legal, health care, financial, and estate planning [print book]
Provides answers and solutions to the legal and practical questions and problems involved when representing elderly or disabled clients. Some of the topics discussed are the initial client interview, Social Security benefits, SSI, ADA, Medicaid, right-to-die issues, guardianship and conservatorship, and estate planning.
Assessment of older adults with diminished capacity : a handbook for lawyers [print book]
This handbook is written for elder law attorneys, trusts and estates lawyers, family lawyers, and general practitioners. Some of the issues discussed are legal standards of diminished capacity, mitigating factors, information to look for in assessment reports, and identifying an appropriate clinician to make an assessment.
Texas elder law [print book]
This title covers wills, trusts, advanced directives, probate, and guardianship as well as Medicaid and Social Security Disability eligibility, with chapters on elder abuse, long-term care Medicaid, long-term care insurance, housing, and veteran’s benefits. A review of federal and Texas regulations of nursing homes is included.
The empowered paralegal : working with the elder client [print book]
This text examines the legal and social issues involved in working with elderly clients. Legal issues discussed include estate planning, understanding estate planning tools, public benefit programs, and elder abuse. Other issues presented are end-of-life planning, understanding and documenting competency, stereotypes, psychological effects of aging, and dealing with the clients' family.

State Bar of Texas Continuing Legal Education Materials

The State Law Library is pleased to offer CLE e-books from the State Bar of Texas. Below are just a few of the titles relevant to wills and advance directives.

We have many more CLE course materials available in print. For a complete overview of our holdings, please see our Continuing Legal Education Materials page.

Professional Articles

Articles in bar journals, section newsletters, and blogs can keep you up to date, provide practical application and are usually brief. Here you will find a sampling of the articles on this topic. Copies of articles not available on the internet can be requested from the library's document delivery service.

Applying Collaborative Procedures to Will, Probate, Trust, and Guardianship Disputes
This article by Harry L. Munsinger originally appeared on pages 14-19 of the Jan/Feb 2013 issue of San Antonio Lawyer. It provides a good overview of the process and advantages of the collaborative approach. See page 14 of the PDF link.

Wills and Directives

Practice Aids

Practice Aids at the Texas State Law Library

State Bar of Texas Continuing Legal Education Materials

Professional Articles