Quick answer: A DWI arrest is one of the clearest signals that you need an estate plan. If you’re facing a potential conviction, incarceration, or license suspension, you need someone legally authorized to manage your affairs — a Durable Power of Attorney. And if the worst happens, you need a will. Most people find out too late that they had neither.
When a DWI Charge Makes Estate Planning Urgent
A DWI arrest doesn’t mean you’ll lose everything. Most cases resolve without incarceration. But the arrest itself forces a question most people avoid: What happens to your affairs if you can’t be there to manage them?
The answer matters whether you’re facing 30 days or 30 years. It matters if you have children, a mortgage, a business, or just a bank account. Here’s what a DWI charge exposes about your legal vulnerability.
Power of Attorney: The Document You Need Before Anything Else
A Durable Power of Attorney (DPOA) is a legal document that authorizes another person — your “agent” — to manage your financial and legal affairs on your behalf. Under Texas law (Tex. Est. Code Chapter 751), a “durable” POA remains effective even if you become incapacitated or unavailable — including if you’re incarcerated.
Without a DPOA, here is what your family cannot do without a court order:
- Pay your rent or mortgage from your accounts
- Manage your vehicle payments
- Handle your business obligations
- File your taxes
- Make decisions about property you own
A court-ordered guardianship of your estate — the only alternative — costs thousands of dollars and takes months. A DPOA takes about 15 minutes to create.
Medical Power of Attorney: Who Makes Decisions If You Can’t
A Medical Power of Attorney (MPOA) names who makes healthcare decisions on your behalf when you cannot. Under Tex. Health & Safety Code §166.152, this document gives your chosen agent authority to communicate with doctors, consent to or refuse treatment, and make the calls you would make yourself.
Without an MPOA, Texas hospitals follow a statutory priority list: spouse, adult children, parents, adult siblings — in that order, regardless of your actual relationships. If you’re estranged from family members, this can go badly.
Your Will: If the Worst Happens, This Is What Protects Your Family
Most people facing a DWI charge are not thinking about death. But an accident, a medical emergency, or an unexpected outcome during legal proceedings can happen to anyone. If you die without a valid Texas will, the state’s intestacy laws decide who inherits your property — not you.
Under Tex. Est. Code §201.001 et seq., the intestacy formula is rigid:
- Your spouse does not automatically receive everything if you have children from another relationship
- A partner who is not your legal spouse receives nothing
- You cannot leave anything to friends, step-children who weren’t adopted, or charities
- Minor children’s inheritance is managed by a court-appointed guardian until they turn 18 — with annual court oversight
A valid Texas will fixes all of this. It names who gets what, who manages the estate, and who raises your children.
What Makes a Texas Will Valid
Texas requires an attested will to be: (1) in writing, (2) signed by the testator, and (3) signed by two credible witnesses who are at least 14 years old, in the testator’s presence. Adding a notarized self-proving affidavit — which allows probate without witnesses appearing in court — is strongly recommended. (Tex. Est. Code §251.051, §251.104)
How to Get These Documents Without Spending a Fortune
Attorney-drafted estate planning typically costs $500–$2,500 per person. For clients already facing DWI legal fees, that’s a real barrier.
Texas Defense Team offers an alternative through MaxWills.app: an AI-guided interview generates your will, Durable Power of Attorney, Medical Power of Attorney, and Advance Healthcare Directive — all Texas-compliant — and a licensed Texas attorney reviews and certifies every document. The cost is $299 per person. No office visit required.
The attorney review is not a consultation. It is a document review by a licensed Texas attorney who checks every provision for Texas statutory compliance, certifies the documents, and stands behind them professionally. This is the same attorney who handles your criminal defense at Texas Defense Team.
If you’re managing a DWI case and haven’t done estate planning, doing both at once makes sense. The same law firm handles both. The estate documents are ready in days, not weeks.
Start at MaxWills.app — Attorney-Reviewed Will for $299 →
Or call Texas Defense Team directly: (512) 599-9000 — available 24/7.
Frequently Asked Questions
Can I sign a will while my DWI case is pending?
Yes. A pending DWI charge has no effect on your legal capacity to execute a will. The only legal requirement is that you have testamentary capacity — you understand what a will is, what property you own, who your natural heirs are, and the effect of the document. A pending criminal charge does not affect any of these. (Tex. Est. Code §251.001)
If I’m incarcerated, who can manage my finances?
Only someone with a valid Durable Power of Attorney. Without one, your family would need a court-appointed guardianship — an expensive and time-consuming legal process. A DPOA executed before incarceration gives your designated agent immediate authority to manage your accounts, pay bills, and handle your affairs under Texas law (Tex. Est. Code Chapter 751).
Does a DWI conviction affect my will?
No. A DWI conviction — even a felony — does not affect the validity of a will you’ve already executed, and does not disqualify you from making a valid will going forward. A felony conviction in Texas can affect certain executor duties (a convicted felon may not be eligible to serve as independent executor without a court order), so naming an alternate executor is good practice.
What happens to my children if I’m incarcerated and don’t have a will?
If you have minor children and die without a will, a court appoints a guardian of the person (who raises them) and a guardian of the estate (who manages any inheritance). You have no input into who is appointed. A will with a guardian nomination gives a court your stated preference, which courts give significant weight. (Tex. Est. Code §1104.051)
Does MaxWills work for people facing criminal charges?
Yes. MaxWills.app is available to any Texas adult who meets the testamentary capacity requirements. A pending or resolved criminal charge does not affect eligibility. The attorney review is performed by Stephen T. Bowling of Texas Defense Team — if you’re also a criminal defense client, the same firm handles both matters.
How long does the MaxWills process take?
The interview takes approximately 15–20 minutes. Attorney review is completed within a few business days. You receive certified documents digitally and can execute them immediately with two witnesses and a notary.
This article was reviewed by Stephen T. Bowling, licensed Texas criminal defense attorney and estate planning attorney, State Bar of Texas, Bar No. 24087194. Learn more at texasdefenseteam.com/estate-planning. Last reviewed September 2026.
