Protect Your Health With a Medical Power of Attorney in Texas
Sometimes, life makes it impossible to tell our doctors our healthcare decisions. That’s where a Texas medical power of attorney comes in – a legal document that empowers someone you trust to make a healthcare decision or medical choices on your behalf. It’s a vital part of any comprehensive estate plan, ensuring your wishes are respected and your well-being is protected.
Medical Power of Attorney Essentials & Need-to-Knows
- What it is: A medical power of attorney is a legal document that grants someone else the authority to handle healthcare and medical decisions on your behalf.
- Who it is for: Texas adults who want someone they trust, called their agent, to handle medical decisions if they become incapacitated.
- How it works: Your agent will have the authority to make a wide range of decisions related to your medical care, such as consenting to or refusing treatments, procedures, and medications on your behalf.
- How we work: Three service levels — White Glove, Everything but the Execution, and Estate Plan Express (online will package).
- How to get started: Call us at (888) 584-9614 or contact us online to schedule a free consultation.
Below, our Texas estate planning attorneys break down the essentials of this powerful tool, from choosing the right agent to navigating the legal requirements in Texas. We will clarify how choosing someone as your medical power of attorney can take some weight off everyone’s shoulders in stressful moments.
What Is a Medical Power of Attorney?
A medical power of attorney, or medical POA, is a legal document that lets you choose someone you trust to make medical decisions for you if you cannot. This can include decisions about treatment, doctors, and care. In Texas, there are specific rules that must be followed for a medical POA to be valid.
To be legally effective in Texas, a medical power of attorney must be in writing and signed by you, or by someone signing for you if allowed by law. Because each state has different rules, it’s important to follow Texas requirements to make sure your medical POA works when it’s needed.
How Do I Choose an Agent for My Medical Power of Attorney?
You should choose someone you completely trust to make medical decisions that align with your values and wishes. This person will have the authority to make treatment decisions about your medical care, so it’s essential to have open and honest conversations with them about your preferences.
What Qualifications Must My Health Care Agent Meet?
In Texas, your chosen health care agent must meet specific qualifications. They must be at least 18 years old and of sound mind. They do not need to be a doctor or attorney, and they cannot be your healthcare provider or an employee of the healthcare facility where you receive treatment. This helps to avoid potential conflicts of interest and ensures that your agent’s decisions are based solely on your best interests.
The person you choose must consent to serve in the role and be able to do so if anything happens to you. If circumstances change, you will need to cancel this medical POA and create a new one.
What Are the Responsibilities and Powers of My Agent?
Your health care agent can make many decisions about your medical care. This includes saying yes or no to treatments, procedures, and medications. Your agent can also access your medical records and talk with your doctors so they can make informed choices. Because this is a serious responsibility, your agent should be someone you trust to follow your wishes.
By law, your agent must make decisions based on what you have said you want. If your wishes are unknown, they must act in your best interest. That’s why it’s important to talk with your agent ahead of time about your values and preferences.
A medical power of attorney only covers health care decisions. It does not give your agent authority over your finances or other legal matters. If you want someone to manage money or property if you become incapacitated, you will need a separate financial or general power of attorney. An estate planning attorney can help you put the right documents in place.
Consent for Procedures and Medications
When faced with a decision about a specific procedure or medication, your agent will need to consider several factors. They should consider any preferences you have expressed previously, as well as the potential benefits and risks of the treatment. Your agent may also consult with your healthcare providers to gather more information and make an informed decision.
Refusing Treatment in Good Faith
In some situations, your agent may decide to refuse certain treatments if they believe that choice matches your wishes or is best for you. For example, suppose you have said that you do not want indefinite life support. In this case, your agent may refuse treatments that would prolong your life without offering a meaningful chance of recovery
In Texas, your medical power of attorney must make decisions in good faith based on their understanding of your wishes or best interests. This protects your agent from liability as long as they act according to these principles.
Key Takeaway:
A medical power of attorney in Texas lets you pick a trusted person to make healthcare choices if you can’t. It’s essential to choose wisely and chat about your wishes with them. Remember, they need to follow specific rules and be over 18. This document is a must-have for peace of mind about future care.
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What Are the Legal Requirements for Creating a Valid Medical POA in Texas?
Your medical power of attorney document must meet specific legal requirements to be valid in Texas. Working with experienced professionals, such as those at the Dallas Bar Association, can help you navigate this process and ensure that your documents are properly prepared and executed.
Essential Forms from the Dallas Bar Association
The Dallas Bar Association provides a power of attorney form template as part of a comprehensive estate planning kit. These guided forms walk you through the process step-by-step, ensuring you include all necessary information and meet the legal requirements set forth by Texas law. You can also hire someone to draft these documents for you and ensure they are done accurately.
The Role of Notaries and Witnesses
In Texas, a medical power of attorney must be signed in the presence of a notary public or two qualified witnesses. This helps to validate the document and protect against fraud or coercion. It’s essential to follow these witnessing and notarization requirements carefully to ensure the legal validity of your medical power of attorney.
A medical POA lasts until you revoke it, or upon death. If you no longer want the person named in the POA to act on your behalf, you must revoke the old POA and create a new one. In addition, you should keep a copy of the medical POA with other legal and estate planning documents.
How Is a Living Will Different Than a Texas Medical Power of Attorney?
While a medical power of attorney designates someone to make decisions on your behalf, advance directives, such as a living will, allow you to specify your preferences for end-of-life care. These documents work together to create a comprehensive plan for your healthcare in the event of incapacity.
Advance medical planning, including designating a medical power of attorney, ensures your healthcare wishes are respected in Texas. Creating these important documents gives you peace of mind. You can be confident your wishes will be followed, even if you cannot communicate with your doctor.
Don’t wait too long to assign a medical power of attorney, or assume that your family members–a spouse or a child–will automatically be your POA. In Texas, your spouse might be the one the doctors turn to, but suppose your spouse was in the same car accident? I witnessed this one night in the emergency room when I was there with another client. A couple was brought in following a horrific car accident. The doctors struggled to keep them alive while the ER staff scrambled to find relatives or friends. A phone call found the husband’s attorney, who had been drafting the couple’s POA. They named each other, with their adult children as secondaries. Neither child had signed the POA yet. Obviously, the couple assumed they could act in one another’s stead until they signed the documents, but time ran out.
Frequently Asked Questions
FAQs About Requirements & Signing
What is required for a medical power of attorney in Texas?
In Texas, you need to write it down and sign it. You can also have someone else, called a health care proxy, sign it for you.
Does a medical power of attorney need to be notarized in Texas?
No, a medical power of attorney in Texas does not need to be notarized. However, it must be signed in the presence of two adult witnesses, at least one of whom cannot be related, a beneficiary, or involved in your healthcare.
How easy is it to get a medical power of attorney?
It is straightforward. You can use Texas’s statutory form, ensure it meets legal requirements, and have it signed and witnessed.
Do you need a lawyer to get a power of attorney in Texas?
No, you do not need a lawyer to get a power of attorney in Texas, but consulting one ensures it meets your needs and complies with state laws.
FAQs About Scope & Differences
What are the limitations of a medical power of attorney?
A medical power of attorney only grants the agent authority to make healthcare decisions if you are unable to do so yourself. It does not cover financial matters, and the agent cannot make decisions that violate Texas law or override your advance directives. In contrast to a medical power of attorney, a general power of attorney grants broader authority that can include financial and legal matters. However, it is essential to understand the distinctions between general power of attorney vs durable power of attorney, as the latter remains effective even if you become incapacitated.
What three decisions cannot be made by a legal power of attorney?
A legal power of attorney cannot make wills, vote, or change family relationships for you.
What is the difference between a medical power of attorney and an advance directive in Texas?
A medical power of attorney lets someone make health choices for you. An advance directive spells out your own healthcare wishes. A living will is an end-of-life document that only goes into effect if your condition is terminal.
FAQs About Consent and Who May Decide
Does a spouse automatically have medical power of attorney in Texas?
No. In Texas, spouses only automatically get this if they’re specifically chosen on the form. Section 313.004 of the Texas Health and Safety Code lets the following individuals consent to treatment:
- 1. Spouses
- 2. Adult children, with the consent of all other adult children
- 3. A majority of all children
- 4. Parents
- 5. Nearest living relatives, clergy, or other identified proxies
Schedule a Free Consultation to Discuss Creating a Texas Medical Power of Attorney
Have you ever thought about who would make medical decisions for you if you were out of commission? A Texas medical power of attorney lets you choose that person ahead of time and share your wishes with them. Picking someone you trust and making sure the document meets Texas legal requirements can give you peace of mind about the future.
Remember, a medical power of attorney is only one piece of a comprehensive estate plan. Advance directives and living wills can further clarify your healthcare wishes. Regular reviews and updates ensure your documents remain current as your life evolves. With these powerful tools, you can face life’s uncertainties with greater peace of mind.
Don’t wait for an emergency to choose your health care agent. Talk with your loved ones now and let them know your wishes. With a simple plan in place, you can ensure others respect your medical decisions and protect your well-being, even during difficult times.
For more information, take a look around our website. You’ll find great resources to help you with your case. Are you ready to create a medical POA or wish to speak with one of our Texas estate planning attorneys? If so, call our law office at (888) 584-9614 or contact us online to schedule a free consultation.
