It is recommended by the Texas Medical Association that you have a medical power of attorney. Chances are in your lifetime you may be seriously injured, ill, or otherwise unable to make your own medical decisions regarding the kind of medical care, and treatment you desire. If this should happen, a medical power of attorney can appoint someone who knows your values and whom you trust to make those medical decisions for you if your unable to.
In Texas you can appoint more than one agent, although you're not required to do so. The alternative agent(s) may make the same medical decisions as the designated agent if that agent is unable or unwilling to act on the patient's behalf.
In Texas the principal/patient may appoint anyone to their agent except their health care provider, an employee of the health care provider unless their a relative of the principal, the principal's residential care provider, or an employee of the principal's residential care provider unless that person is a relative of the principal.
In Texas a person does not need a lawyer to execute a Medical Power of Attorney, although its not necessary, a lawyer or paralegal could sit down with you and help prepare the forms.
Under a Medical Power of Attorney, an agent is granted wide latitude when consenting to medical treatment on the principal's behalf, but an agent cannot commit the principal to a mental institution, or convulsive treatment, or Psychosurgery, or an abortion, or consent to neglect of comfort care.
In Texas, notifying either an agent or the principal's health care provider orally or in writing, of the principal's intent to revoke the medical power of attorney, may revoke a Medical Power of Attorney. The revocation will occur regardless of the principal's capacity to make medical care decisions. Also, if the principal executes a later Medical Power of Attorney the prior one becomes revoked (void) and the new Medical Power of Attorney will be the only one legally effective. Another way a Medical Power of Attorney can get revoked is if the principal designates his or her spouse to be the agent, if the principal and agent divorce then the Medical Power of Attorney becomes void (is revoked).
Medical Power Of Attorney
If you haven't written instructions naming medical decision makers for you, family members, medical staff and courts could approve actions not in your wishes.
The following are tips in choosing your Medical Power of Attorney (PoA):
1. Use your brain, not your heart in selecting PoA's. You need someone who can make decisions based on what you want, not what they would want. Your PoA's may face scrutiny from family members for the decisions they make.
2. Prioritize your PoA's. Having co-Powers of Attorney can lead to disagreements and delays in taking action. The preferable method is listing a first, then second and finally a third PoA.
3. While location of your PoA's isn't critical it is beneficial, especially during a prolonged illness, to have PoA's who are local.
4. Talk to your potential PoA's about your basic wishes medically (which medical procedures, medications used, etc). Most Power of Attorney documents are accompanied by a Living Will which states your intentions regarding the use of life support equipment when two doctors have stated that you have no chance of surviving without machine assistance and you are brain dead. This document removes the toughest decision from your PoA's.
While there other activities sounds more enjoyable than creating this type of plan, your family will be spared time and stress with the legal structure in place to make care for you an easier process.
Both Nicholas Copernicus & Jamie Kahn are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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