Medical Power of Attorney

CHOOSE A HEALTHCARE PROXY FOR YOUR ESTATE PLAN: CALL HUNT LAW FIRM AT (832) 781-0320

A sudden, serious illness or injury can change your life at any time, leaving you unable to make healthcare decisions on your own. For this reason, it’s wise to establish a Medical Power of Attorney, or healthcare proxy, to do so on your behalf. A Medical Power of Attorney designates this individual to make any and all healthcare decisions on your behalf. This person should be aware of your values, and the documents establish your trust in them to make decisions in your place – it’s not enough to tell your brother you don’t want to be on life support, or to “pull the plug.” You should have an official Medical Power of Attorney to enforce your wishes and comply with your Living Will.

WHAT ARE HEALTH-CARE DECISIONS? 

A Medical Power of Attorney appoints an agent to make health care decisions for you. The term “health care” can mean any treatment, service, or procedure to maintain, diagnose, or treat your physical or mental condition. Therefore, your agent has a broad range of health care decisions. Your agent may consent, refuse to consent, or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life-sustaining treatment. 

WHEN SHOULD I APPOINT A HEALTHCARE PROXY?

Appointing a healthcare proxy is an important step every individual should take. Without an enforceable Medical Power of Attorney, Texas law generally designates individuals in order of priority for who should be able to make your medical decisions. The prioritized list authorized by the Health and Safety Code are as follows: 

1. Spouse;
2. Adult children;
3. Parents; 
4. Another individual clearly identified to act in your best interests, such as a member of the clergy or your closest living relative.

While this list may seem fine to you at first glance, for many, it is not what they would choose, given their unique family dynamics. Even if you are fine with the list, there are potential situations where you might still want a document in place dictating your specific wishes for end-of-life medical care. Bottom line, the only way you can make sure the right people will make your medical decisions is to have an established, enforceable Medical Power of Attorney in place.

LIMITATIONS 

If you execute a Medical Power of Attorney, it will often require your healthcare proxy to comply with a valid Directive to Physicians or Living Will. This means that your agent must comply with your wishes and may not do anything that contradicts your Directive to Physicians or Living Will. 

The agent appointed in a Medical Power of Attorney is obligated to follow your instructions when making decisions on your behalf. It is important that you discuss your wishes with your agent and that they are a person you know and trust. 

Your agent may not consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery, or abortion. 

DURATION 

When you sign a Medical Power of Attorney, it exists indefinitely unless you designate a shorter time or revoke the document. 

A Medical Power of Attorney takes effect if you become unable to make your own health care decisions and that fact is certified in writing by your physician. Therefore, the agent’s authority becomes effective when a doctor certifies in writing that an individual lacks the competence to make health care decisions.   

SEEK LEGAL GUIDANCE FOR A MEDICAL POWER OF ATTORNEY IN KATY

Life can change suddenly and tragically at any time. In the unlucky event you are affected by one, it’s important to ensure you have designated a trusted loved one to make your healthcare decisions if you are unable to do so. Don’t leave this decision to the generalized laws of Texas. Hunt Law Firm estate planning attorneys can customize your healthcare proxy needs. If you have recently moved to Texas and have a healthcare proxy or surrogate designed in another state, we can review it to make sure it is enforceable under Texas law.

Don’t wait until it’s too late. Contact our office to set up a consultation by calling (832) 781-0320.