AIDS and the Law Page: 15 of 24
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IFOR TEXANs AFFECTED BY HIV
company, and on market interest rates. Each viatical company has their
own criteria for determining how much they will offer. Several compa-
nies will purchase policies from people with HIV with few symptoms.
The highest offers are only available once you have reached an AIDS
diagnosis. You or your broker should solicit offers from more than one
buyer since the competition between them will maximize the amount
offered.
ESTATE PLANNING AND PROBATE
What is estate planning?
Estate planning is creating a comprehensive plan for health care deci-
sions in the event you become incapacitated, and the distribution of
your property upon your death. An estate plan is made up of many legal
documents, such as a will, power of attorney, designation of guardian,
and others. Having an estate plan is a good idea for everyone, regardless
of his or her health status. Because estate plans are important for every-
one, a person with HIV should not think that creating an estate plan is an
indication that they do not expect to live much longer. In fact, the legal
documents that make up an estate plan will carry more weight if they are
created while the person is still healthy. You need the help of an attorney
to create a good estate plan. Contact your local AIDS-service agency or
the Texas Human Rights Foundation if you need an attorney referral.
What is a will?
A will is a legal document that designates to whom your property will
go after you die.
Should I have a will?
Yes. If you own real estate or personal property and you care about how
it is distributed after your death, you need a will. In Texas, without a
will, your property will pass to your relatives in specified percentages,
depending upon whether you own separate or community property, real
estate or personal property, and whether you are married or have chil-
PAGE 15
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/15/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Special Collections.