A medical power of attorney in Texas document ensures someone you trust can make crucial medical decisions on your behalf when you are unable to do so. This article covers essential details about this legal tool, including its purpose, scope, and limitations
A medical power of attorney in Texas is a legal document authorized by the Texas Health and Safety Code. It allows you to appoint an individual (referred to as your agent) to make healthcare decisions on your behalf if you are deemed “incompetent” by a certified healthcare professional.
This document is distinct from an advanced directive or “living will,” which focuses on whether you wish to receive life-sustaining treatment in certain scenarios.
No one can predict when a medical emergency might leave them unable to make decisions. A medical power of attorney in Texas serves as a safeguard, ensuring someone who understands your values and preferences can make healthcare decisions in your best interest. This document provides peace of mind that your medical care aligns with your wishes.
A medical power of attorney in Texas takes effect immediately upon signing. However, the agent can only exercise their authority after a physician certifies in writing that you are “incompetent” and unable to make healthcare decisions for yourself. This ensures the agent’s authority is used only when necessary.
An agent appointed through a medical power of attorney in Texas can make a wide range of healthcare decisions, including:
However, these powers can be limited based on the terms you set in the document.
There are restrictions on what an agent under a medical power of attorney in Texas can do. For instance, an agent cannot:
These restrictions are designed to protect your fundamental rights.
Selecting the right agent is crucial. You should choose someone you trust completely and who understands and shares your values. For instance, while you may trust multiple family members, pick someone who will act in accordance with your wishes under pressure.
By law, you cannot name your doctor, healthcare provider, or their employees as your agent
A medical power of attorney in Texas allows your agent to make a broad range of decisions about your medical care. In contrast, an advanced directive or “living will” specifies whether you wish to receive life-sustaining treatment. When both documents exist, the medical power of attorney in Texas must respect the instructions outlined in the advanced directive.
How to Create a medical power of attorney in Texas Document
To create a medical power of attorney in Texas, you should consult iwht a wills and trusts attorney near you in order to help you:
Ensure your agent and any backup agents are aware of their responsibilities and willing to act in your best interest.
Final Thoughts on medical power of attorney in Texas
A medical power of attorney in Texas is a vital document for anyone who wants control over their medical care, even when they cannot speak for themselves. By planning ahead, you ensure your healthcare decisions align with your values and preferences.
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