Only one in three Americans have an advance directive, as reported by The Conversation. Planning for end-of-life care may feel uncomfortable, but it will bring peace of mind for you and your family.
Advance directives can cover several aspects of your life in the event you become incapacitated. Directives help ensure your wishes are respected even when you can’t express them. One essential directive to consider is a healthcare power of attorney.
Learn more about healthcare power of attorney in Texas and why you should include it in your legal planning.
The Importance of Healthcare Power of Attorney
Healthcare power of attorney is a legal agreement in which one person gives another person the authority to make medical decisions on their behalf. It’s one of the most common medical advance directives. It helps ensure that if you become incapacitated, your wishes regarding healthcare will be respected.
You may hear this type of advance directive called a medical power of attorney or healthcare proxy.
Having a healthcare power of attorney agreement is a good idea at any age, but it’s especially important for seniors. You don’t want your loved ones left with the stress and uncertainty of trying to determine your intentions and convince your healthcare providers to respect your wishes.
When Can Your Agent Make Healthcare Decisions?
Your agent only makes medical decisions on your behalf when you can’t make them yourself. Your agent needs a written statement from your doctor saying that you can’t make your own healthcare decisions. A healthcare power of attorney may be necessary in cases of:
- Temporary unconsciousness
- Terminal illness
- Conditions that prevent communication
- Coma
- Vegetative state
Your agent will make medical decisions on your behalf until you can make them yourself again.
How to Designate a Healthcare Power of Attorney
Designating a power of attorney for healthcare is a straightforward process. You must follow the steps to ensure the agreement complies with the legal standard in Texas.
Choose Your Agent
Almost anyone can serve as a healthcare power of attorney. Your healthcare agent must be a competent adult. In Texas, the only people who aren’t allowed to serve as your agent are:
- Your physician or healthcare provider
- An employee of your physician or healthcare provider
- Your residential healthcare provider
- An employee of your residential healthcare provider
The most important factor is to choose someone you trust to act on your behalf.
Write the Agreement
You can find a template for healthcare power of attorney online and at large medical centers in Texas. Getting legal counsel will help ensure the agreement will stand up to any challenges. Texans over 60 or on Medicare can call a free legal hotline provided by the Texas Legal Services Center for legal advice at no cost.
The healthcare power of attorney document should be as specific as possible. You can give your agent complete authority, or you can list situations in which your agent should consult physicians before making a decision.
You can explain your wishes and whether you would want specific medical procedures. You can also include this information in a living will.
Read the Disclosure Statement
Texas is one of several states that require you to read a disclosure statement explaining what a healthcare power of attorney is. You must include a signed statement in your legal document attesting that you read and understood the disclosure. Your power of attorney for healthcare can’t take effect without this attestation.
Sign the Healthcare Power of Attorney
You have two options in Texas for making your healthcare power of attorney legal:
- Sign the agreement in front of two witnesses
- Sign the agreement in front of a notary public
Witnesses must be a least 18 years old. Witnesses cannot be:
- Your agent
- Your primary doctor or the doctor’s employee
- Your residential care provider or the residential care provider’s employee
- Your spouse or relative
- Anyone who will be getting a share of your estate or who has a claim against it
If you sign the agreement in front of a notary, you don’t need witnesses.
Store the Document Safely
The signed agreement should be stored in a secure but accessible location. You can store it in a home safe or safe deposit box, or you can leave it in the care of your attorney.
Be sure your agent knows how to access the agreement. Healthcare providers may ask to see the medical power of attorney form before agreeing to listen to your agent.
Healthcare Power of Attorney vs Other Advance Directives
Many people delay senior legal planning because they feel in good health. However, the best time for making advance directives is when you’re fully capable of doing so. You’ll be making choices that affect aspects of your life from healthcare to finances.
A healthcare power of attorney document covers medical decision-making. It differs from other advance directives and powers of attorney, which is why having one is so important.
Durable Power of Attorney
If you become incapacitated, a durable power of attorney gives an agent the authority to make decisions regarding:
- Finances
- Legal issues
- Business interests
They don’t have authority over medical decision-making. Many people choose to have a healthcare power of attorney in addition to a durable power of attorney for their senior legal planning.
Living Will
A living will specifies the medical treatments you would or wouldn’t want as part of end-of-life care. It covers treatments like mechanical ventilation as well as your preferences regarding pain management and organ donation.
Living wills are typically more detailed than a healthcare power of attorney. They’re often used together.
Do Not Resuscitate Order
You can make a do not resuscitate and do not intubate order without any other advance directive. Tell your doctor your preferences and ask that they be put in your medical record.
Make Time for Senior Legal Planning
Planning for end-of-life care can give you and your family peace of mind. A healthcare power of attorney is an important part of this planning. Your loved ones will know your wishes, and you have more assurance your preferences will be respected.
You’ll find the caring, supportive environment you’re looking for at Meadowview Place. Our community features assisted living and respite care to meet your needs.
Schedule a tour of Meadowview Place today to see the best senior living Nacogdoches has to offer.
