A medical power of attorney is a legal document appointing someone to make critical health decisions for you if you are incapable. Relaying your wishes in a medical power of attorney and choosing a person to carry out your medical requests can provide comfort in uncertain situations. An estate planning lawyer at Towson Law Office can offer trusted guidance and answer questions regarding what to know about choosing a medical power of attorney in Texas.
Why Do I Need a Medical Power of Attorney?
Healthcare crises are unpredictable, and incapacitating injuries may prevent you from giving consent for medical treatment. You need a trusted individual who will be your voice in these circumstances. A health care proxy can relay your wishes about the care you receive, the extent of that care, and when to terminate lifesaving measures.
Creating a medical power of attorney removes the guesswork about the extent of medical care you want to receive. These documents can also help ease the stress and anguish that may accompany overwhelming medical decisions. A medical power of attorney is your legal right, allowing you to choose who will implement your medical requests.
Individuals who become mentally and physically incapacitated also benefit from a medical power of attorney. These advance directives are not only for mature adults but play a pivotal role as we age, when tragedy strikes, as our families evolve and change, or when no legal surrogate exists.
Who Makes My Healthcare Decisions if I Do Not Have a Medical Power of Attorney?
The Texas Consent to Medical Treatment Act (Sec. 313.004) identifies individuals who may serve as legal surrogates if you do not have a medical power of attorney. The person must be reasonably available and willing to give permission to a physician to provide medical care. In order, these individuals include:
- Your spouse
- Adult children
- Your parents
- Nearest living relative
The situations that require a medical power of attorney may impact those closest to you. Accidents that impact both spouses, adult children who live far away, or limited family connections are just a few reasons to create a legal document identifying an individual to fill the role of your medical representative. You may also designate an alternate agent or co-agents in a power of attorney.
What Characteristics Should I Look for in a Health Care Proxy?
Consider the following point when choosing a health care proxy. You will share personal and potentially sensitive medical information and requests with the agent administering a power of attorney. The ability to comfortably and freely express medical wishes with this person is crucial. You also want to be capable of trusting a health care proxy to honor your requests.
An agent in closer proximity to your healthcare facility may be most suitable for ease of communication. Your proxy needs to be able to make sound decisions in what is likely an emotionally charged situation that may require confronting conflicting opinions. These considerations often lead individuals to choose someone trustworthy with strong communication skills and the ability to think critically in stressful situations.
What Decisions Will a Medical Power of Attorney Address?
The medical power of attorney allows the agent you choose to make all medical decisions for you in compliance with your wishes. However, there are some limitations to an agent’s decision-making abilities. Your representative is unable to legally decide the following:
- Voluntary inpatient mental health services
- Psychosurgery
- Abortion
- Convulsive treatment
- Omitting comfort care
Additionally, the representative named in a medical power of attorney will not make financial decisions for you. A Texas estate planning attorney from our firm can create a financial power of attorney, naming someone you trust to make financial decisions on your behalf when you are unable to do so.
How Long Does a Medical Power of Attorney Last?
Medical powers of attorney last until you can make medical decisions again. You also have the right to revoke a medical power of attorney, create a new one, and choose another agent. Your document may also have an expiration date.
You have legal options in creating, updating, and terminating a Texas power of attorney whenever you deem it necessary. If your spouse is your designated agent, your medical power of attorney may terminate if you divorce.
What Happens to a Medical Power of Attorney if I Move to Another State?
Each state’s laws dictate the validity of a medical power of attorney. The document remains valid if you move to another state that allows you to use a Texas medical power of attorney. Because laws vary, you may want to consult with an estate planning attorney in Texas to ensure your documents are up-to-date and enforceable in your state.
Is a Medical Power of Attorney the Same as a Living Will?
A living will states the level of intervention you allow health care providers to take to prolong your life if you become terminally ill or permanently incapacitated. You may address wishes about dialysis, resuscitation, and ventilated breathing in a living will. A medical power of attorney specifies an agent to make various medical decisions based on your wishes when a healthcare crisis or incapacitation arises.
Do Children Need a Medical Power of Attorney?
Consider creating a medical power of attorney for your child if you are the sole parent of a child, active duty military, or you want to entrust your child’s healthcare to someone in the event you experience a disability or incapacitation. Once a child reaches 18, they can appoint their medical power of attorney. At that time, your child may wish to name you as an agent in a medical power of attorney to expedite medical care.
Create a Texas Medical Power of Attorney
Contact Towson Law Office to schedule a consultation with an estate planning attorney in Texas. Our team can help you prepare for major life events while there is time. With our legal experience and guidance, we will create a medical power of attorney, establishing a trusted agent’s legal right to carry out your medical wishes.