Hurricane Season Estate Planning: 5 Documents to Update

Written by Robert S. Griffin

June 9, 2026

Atlantic hurricane season runs from June 1 through November 30, and Montgomery County sits squarely in the impact zone. Hurricane Harvey in 2017 dropped over 30 inches of rain on parts of the county, flooding neighborhoods from The Woodlands to Willis and displacing thousands of families. Lake Conroe's release of floodwaters caused additional downstream damage that is still the subject of litigation. Since Harvey, Tropical Storm Imelda (2019), Hurricane Nicholas (2021), and Hurricane Beryl (2024) have all reminded Montgomery County residents that severe weather is not a matter of if, but when.

At Griffin & Cain, Attorneys at Law, we use June 1 as an annual trigger to remind our clients: if a storm hits tonight and you cannot make decisions for yourself tomorrow, does your plan work? For most families, the answer is "I'm not sure" — and that uncertainty is fixable in a single office visit.

Document 1: Your Will

Your will names an executor, designates guardians for minor children, and distributes assets not covered by beneficiary designations or trust provisions. If you do not have a will, Texas intestacy law makes these decisions for you — and the results may surprise you.

For hurricane preparedness specifically, confirm that your named executor is still the right person (are they local? are they competent? have you spoken to them recently?), that guardian designations for your minor children reflect your current wishes, and that your will is accessible. If the original is in a safe deposit box that cannot be opened during a power outage or evacuation, you have a problem. Under Texas law, the original will is required for standard probate — a copy requires additional proof.

Store the original in a fireproof, waterproof safe at home or with your attorney. Take high-resolution photos of every page and store them in a secure cloud service. Tell your executor exactly where the original is located.

Document 2: Statutory Durable Power of Attorney

This document allows a person you designate — your agent — to manage your financial affairs if you become incapacitated. During a hurricane, incapacity can happen suddenly: a tree falls on your car, floodwater traps you and causes a head injury, or you suffer a heart attack during the stress of evacuation.

Without a valid power of attorney, your family must petition for a guardianship through the courts to access your bank accounts, pay your mortgage, file insurance claims, or manage your business. That process takes weeks in normal times and much longer after a disaster when courts are backlogged.

Your POA should grant broad financial authority, including the power to access bank accounts and safe deposit boxes, file insurance claims and negotiate settlements, manage real property (including emergency repairs), handle tax filings, and operate or manage your business.

Texas requires specific statutory language for durable powers of attorney under Estates Code §752. A POA drafted in another state may not be honored by Texas banks or institutions. If you moved to Montgomery County from out of state, update your POA to Texas-compliant form.

Document 3: Medical Power of Attorney

Separate from the financial POA, your medical power of attorney designates someone to make healthcare decisions when you cannot. This includes decisions about surgery, medication, life support, and end-of-life care. Texas law requires a specific form under Health & Safety Code §166.164.

Your medical agent should be someone who knows your wishes, can handle pressure, and is reachable. If your designated agent lives in another state and a hurricane knocks out communications, they cannot perform the role. Consider naming a local alternate agent who can physically be at the hospital.

Give copies to your primary care physician, your local hospital, and your medical agent. Many hospitals in Montgomery County — including HCA Houston Healthcare Conroe and CHI St. Luke's The Woodlands — allow you to pre-register advance directives in their system.

Document 4: HIPAA Authorization

Even with a medical power of attorney, your family members may be unable to access your medical records or speak with your doctors without a signed HIPAA authorization. This standalone document authorizes specific people to receive your protected health information. Without it, your spouse, your parents, or your adult children may be shut out of conversations about your care.

This is one of the simplest documents in your estate plan — typically a single page — but one of the most impactful during a crisis. Execute a HIPAA authorization for every adult in your household and give copies to each person listed.

Document 5: Insurance Documentation and Asset Inventory

This is not a legal document in the traditional sense, but it is an essential complement to your estate plan. After a hurricane, your executor, agent, or surviving family members need to know what you own, where it is, and how it is insured.

Create a single document — digital or physical — that lists all insurance policies (homeowner's, flood, auto, life, umbrella) with policy numbers and agent contact information, all bank and investment accounts with institution names and account numbers, all real property owned including addresses and deed information, all vehicles with VIN numbers and titles, the location of your safe deposit box and the key, login credentials for critical digital accounts (or a reference to a password manager), and the name and contact information for your attorney, CPA, and financial advisor.

Store this inventory in the same fireproof, waterproof location as your will, with a backup copy in cloud storage accessible to your executor and spouse.

The Lake Conroe and Woodlands Consideration

Families with waterfront property on Lake Conroe face additional planning considerations. Flood insurance through the National Flood Insurance Program is separate from your homeowner's policy and has a 30-day waiting period — so if you do not have it by June 1, you are uninsured through the first month of hurricane season. Properties in VE and AE flood zones may have mandatory flood insurance requirements tied to their mortgage.

For families with a primary residence in The Woodlands and a second home on Lake Conroe, both properties should be covered in your estate plan. If your trust holds one property but not the other, or if your will distributes your "homestead" without specifying which property qualifies, you create ambiguity that can lead to litigation among your heirs.

Get Your Plan Updated Before Storm Season

A comprehensive estate plan review takes one meeting and can usually be completed within two weeks. Griffin & Cain offers flat-fee estate planning services that include will drafting or revision, financial and medical powers of attorney, HIPAA authorizations, and planning guidance tailored to your family's assets and needs.

Call (936) 441-2999 to schedule your estate plan review before the first storm of the season. We serve families across Montgomery County, Walker County, The Woodlands, Conroe, Magnolia, Willis, and the Lake Conroe area.

Author

  • A man with a beard and sunglasses, wearing a gray suit, white shirt, and patterned tie, stands outdoors in front of leafy green trees, smiling slightly at the camera.

    Robert "Bob" Griffin is a trial attorney and partner at Griffin & Cain, Attorneys at Law, based in Conroe and serving the Greater Houston area. His practice focuses on business law, construction litigation, estate planning, and probate, bringing more than a decade of courtroom experience to individuals, businesses, and estate administrators. A cum laude graduate of the University of Houston Law Center, he holds certificates in international commercial arbitration and mediation and lectures regularly on negotiation.

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