What Are Advance Medical Directives?

Incapacity planning entails planning for circumstances where you cannot manage your affairs or make decisions. We can’t predict the future, but a San Antonio healthcare planning attorney can help you prepare for it.

If you do not have the proper advance medical directives, your doctors and closest relatives may be unaware of your wishes or confused about them. And if you have no close relatives, or if your loved ones disagree, your medical decisions could be made by a stranger – a probate court judge. In addition, in order to get a judge’s decision, there must be lawsuit and that can be expensive.

Your advance medical directives are legal documents that tell your doctors and family members what actions they should take when you cannot tell them yourself due to illness or incapacity. A San Antonio medical planning lawyer can prepare the medical directives you need.

Should You Have a Living Will?

For clarification, living wills, last wills, and living trusts are three distinct documents with different purposes. In Texas, a living will is officially called a “Directive to Physicians,” and it is an advance medical directive that tells healthcare providers what your treatment preferences are if you are unable to tell them yourself.

For example, your living will may convey your wish not to be kept alive on a respirator. The document lets you continue life-sustaining treatments or end those treatments if your condition is terminal.

In Texas, you must sign a living will in front of two witnesses or a notary public. If you have preferences for end-of-life care, your living will ensures those preferences are honored by your healthcare providers and family members. This is often useful because although your loved ones may know you do not wish to be kept alive on life support, they may have a difficult time actually signing the consent for it to happen or may still feel guilty afterwards, whereas this document takes the decision away from them and tells the doctor directly what to do.

What Can You Include in Your Living Will?

In your living will, your preferences regarding the following choices should be included:

  1. hydration and feeding tubes
  2. pain management
  3. blood transfusions
  4. antiviral medications and antibiotics
  5. kidney dialysis
  6. tissue and organ donations
  7. do not intubate and do not resuscitate orders
  8. donating your body for scientific research

To take effect, a living will requires a doctor’s certification. Your living will goes into effect when your doctor confirms you are in a vegetative state, terminally ill, permanently unconscious, or cannot make medical choices for some other reason.

Should You Have a Medical Power of Attorney?

A living will gives instructions to your healthcare providers about your end-of-life care, but what about situations where end-of-life care is not a consideration? If you become incapacitated or unconscious, for example, you may need medical treatment but cannot communicate. A medical power of attorney is needed so that someone can consent for you to receive treatment.

Your medical power of attorney authorizes someone to make medical decisions for you when a doctor determines you cannot make your own treatment decisions. Along with a living will, a San Antonio medical planning lawyer can prepare a medical power of attorney for you.

Most people ask a spouse, relative, partner, or close friend to act as an agent. You should name as your agent someone who is trustworthy and dependable. If you regain your ability to make decisions, your agent no longer has the power to make your medical decisions.

What Decisions Can Your Medical Power of Attorney Agent Make?

With a medical power of attorney, your agent has as much or as little authority as you choose, but you should designate someone you trust to make decisions about all aspects of your treatment. Unless you specifically limit the decision-making power, the medical power of attorney can cover nearly any decision related to your healthcare, with few exceptions. A typical medical power of attorney allows your agent to:

  1. Select or change your medical providers.
  2. Decide where you receive treatment.
  3. Visit you in a medical facility.
  4. Allow or refuse medical treatment on your behalf (with several narrow exceptions).
  5. If necessary, speak on your behalf in court.

With a medical power of attorney, once two doctors certify that you are not capable of making your own healthcare decisions, then your agent can step in without any court action. However, without a medical power of attorney, a lawsuit and the appointment of a guardian may be required. Guardianship proceedings can be quite expensive.

A medical power of attorney is a type of durable power of attorney because it retains its power if you become incompetent. It is a key element in any estate plan. A San Antonio healthcare planning attorney can help you prepare a comprehensive, enforceable medical power of attorney that gives someone you trust control over your medical decisions.

Should You Have a Durable Statutory Power of Attorney?

A durable statutory power of attorney is distinct from a medical power of attorney. It authorizes your agent to make decisions about your finances and properties when you cannot make those decisions. It does not give the agent authority to make medical treatment decisions, nor can a medical power of attorney be used for financial transactions. The statutory power of attorney format is provided by statute and it is durable because it, too, will survive mental incapacity. There is no power of attorney that remains effective once you have died.

A durable statutory power of attorney may cover a range of legal and financial matters. You may revoke your durable statutory power of attorney at any time, provided you remain mentally competent. The document must be signed by you and your agent.

A Texas healthcare planning attorney can prepare a personalized durable statutory power of attorney that meets your specific preferences and needs. Your attorney can ensure that:

  1. Your agent’s authority is clearly defined.
  2. Your durable power of attorney complies with Texas law and is legally binding.
  3. Your durable power of attorney effectively protects your long-term best interests.

What More Should You Know About Advance Directives?

Make copies of your advance directives and store the originals securely. Give your doctors and loved ones copies of your living will and medical power of attorney, and give your agents copies of your medical power of attorney and your durable statutory power of attorney.

In some cases, Texas law allows for your signature to be acknowledged by a notary public instead of two witnesses and for digital or electronic signatures on some advance directives if specific requirements are met.

When should you have a lawyer prepare advance medical directives? If you are an adult in Texas, the answer is now. We can’t know the future, but preparing advance medical directives ensures your instructions are followed if you become disabled or incapacitated.

Let South TX Family Law Prepare Your Advance Directives

South TX Family Law advises and represents clients and their families in San Antonio and throughout South Texas. Attorney Laura D. Heard will work with you personally to prepare the detailed legal documents you need.

Texas medical planning attorney Laura D. Heard leads a team of planning professionals who handle all aspects of estate planning, including wills, trusts, and advance medical directives. We will help you prepare for incapacity and other unexpected situations.

To learn more or to begin preparing your advance directives now, schedule a consultation with South TX Family Law by calling 210-775-0353 Attorney Laura D. Heard will consider your needs, evaluate your circumstances, and prepare the advance medical directives you need.