What is a Medical Power of Attorney? Protect Your Health

Sometimes, life makes it impossible to tell our doctors our healthcare decisions. That’s where a 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.

But what exactly is a medical power of attorney, and how does it work? In this article, we’ll 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.

Understanding Texas Power of Attorney 

A medical power of attorney (medical POA) is a legal document allowing you to appoint someone you trust to make healthcare and medical decisions if you become incapacitated. In Texas, the laws surrounding medical powers of attorney have specific requirements to ensure the validity and effectiveness of this estate planning tool.

For a medical power of attorney in Texas to be legally binding, the document must be in writing and signed by the principal (the person granting the authority) or someone acting on their behalf. Medical power of attorney laws can vary by state, so it’s crucial to follow the specific guidelines set forth by Texas law.

Choosing Your Health Care Agent Wisely

When selecting your health care agent, you should choose someone you trust implicitly 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.

Qualifications for a Health Care Agent

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.

Responsibilities and Powers of Your Agent

Your health care agent will have the authority to make a wide range of decisions related to your medical care. This includes consenting to or refusing treatments, procedures, and medications on your behalf. They will also have access to your medical records and the ability to communicate with your healthcare providers to make informed decisions.

Your agent is legally obligated to make decisions that align with your previously expressed wishes or act in your best interest if your wishes are unknown. It is essential to discuss your values and preferences with your chosen agent before an emergency arises.

Legal Requirements and Documentation

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 it is revoked. 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. You should keep a copy of the medical POA with other legal and estate planning documents.

Advance Directives and Living Wills

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.

Making Decisions on Medical Treatments

In Texas, your medical power of attorney has the authority to make decisions regarding your medical treatment. This includes the power to consent to or refuse medical procedures, treatments, and medications. This is a significant responsibility. Your chosen agent must be prepared to make these decisions based on your wishes and best interests.

A medical POA only allows your agent to make decisions on your medical care. If you are incapacitated, you will need other agents for financial and general powers of attorney. Speak with an estate planning attorney for other types of power of attorney documents.

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 cases, your agent may decide that refusing a particular treatment is in your best interest or aligns with your previously expressed wishes. For example, if you have stated that you do not want to be kept on life support indefinitely, your agent may refuse treatments that would prolong your life without 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.

FAQs in Relation to What is a Medical Power of attorney?

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.

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney can’t vote, make wills, 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.

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:

• Spouses
• Adult children, with the consent of all other adult children
• A majority of all children
• Parents
• Nearest living relatives, clergy, or other identified proxies

Conclusion

Ever consider who would make important healthcare decisions if you were out of commission? With a medical power of attorney, you handpick that person and discuss your medical wishes with them. Choosing a savvy agent who understands your needs and ensures everything’s legally correct in Texas means facing the future without worry.

Remember, a medical power of attorney is just 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. Knowing you’ve taken proactive steps to safeguard your health and autonomy is reassuring.

Don’t wait until a crisis strikes to name your medical power of attorney. Start the conversation with your loved ones today, and take control of your future healthcare decisions. With planning and preparation, you can ensure that others honor your wishes and protect your well-being, no matter what challenges lie ahead.

For more information, take a look around our website. You’ll find great resources to help you with your case. If you are ready to get started or wish to speak with one of our attorneys, call our law office now at (888) 584-9614 or contact us online to schedule a consultation.