Medical Power of Attorney

Many people will experience a serious medical event during their life. As we age, the likelihood of a health emergency increases. It’s important to have a plan in place should you face a medical crisis. A medical power of attorney is a helpful estate planning tool for Texans who want to be proactive about their healthcare and medical decisions.

A medical power of attorney is a legal document that allows you to appoint an agent to make medical decisions for you if you are unable to do so. You can choose anyone who is 18 years of age or older to serve as your agent so long as they aren’t one of the following people:

• your physician, residential care provider, or other healthcare provider;
• an employee of your doctor or other healthcare provider, unless that person is your relative; or,
• an employee of your residential care provider, unless that person is your relative.

You can choose your spouse, sibling, adult child, or any other friend or relative to serve as your agent so long as they do not fall into the categories above.

The person you choose as your agent should be someone you trust to handle critical medical decisions for you. Your agent should know what your wishes are, and respect your religious, moral, and other personal preferences. Being named an agent in someone’s medical power of attorney is a major responsibility, so discuss your plan with your preferred agent to ensure they are up to the task before you finalize your medical power of attorney.

Agents holding a medical power of attorney may make any medical decisions the principal can, but their authority is not limitless. In Texas, your agent cannot consent to:

• committing you to a mental health institution;
• convulsive treatment or psychotherapy;
• an abortion; or,
• withholding care intended to provide you comfort.

You can specify in your medical power of attorney what you want your agent to decide on your behalf and what you do not.

Texas law requires that a medical power of attorney be signed by the person creating the document (the principal). You, as principal, must sign in front of two witnesses or otherwise have the power of attorney notarized. If you choose to sign in front of two witnesses, those witnesses must also sign the document. The two witnesses cannot be any of the following people:

• relatives of yours by blood or marriage;
• your healthcare provider;
• employees of your healthcare provider;
• anyone with a claim on your estate or a direct beneficiary of your estate; or
• someone acting as your agent under another power of attorney or health care directive.

Notarizing your medical power of attorney may be a wise move if you’re concerned about locating two witnesses who cannot serve by law.  You do not need to go to a notary; a notary can generally come to you.

Your medical power of attorney is effective as soon as you sign it in the presence of a notary or two permissible witnesses, and the document is delivered to your chosen agent. If ever your doctor states in writing that you cannot make medical decisions for yourself, your agent can step in on your behalf. You can revoke your medical power of attorney at any time, or you can designate a specific expiration date in the document.

While it’s impossible to predict what the future will hold, you can be as prepared as possible by having a valid medical power of attorney in place. When you’re ready to get started on this important legal document, contact an estate planning attorney to help you get and stay protected.

As experienced estate planning lawyers, we at Reagan Moore frequently prepare medical powers of attorney. Our first step is to ask our client to describe their objectives.  Understanding their goals will shape our strategy for them. We’re here to discuss your options.