Even if you are currently in good health, an unexpected illness or injury could leave you unable to make your own medical decisions. A document known in Texas as a medical power of attorney is a crucial component of your estate plan. This document allows you to designate a trusted individual (your agent) to make healthcare choices on your behalf if you are unable to make them for yourself. It is essential to provide this person with clear, documented guidance regarding your medical preferences so that they can confidently carry out your wishes.

What Is a Medical Power of Attorney?

A medical power of attorney, also known in some states as a healthcare power of attorney, is a legal document that enables you to appoint someone to act as your agent if you become seriously ill, are injured, or become incapacitated (unable to manage your affairs). Your agent has a duty to make healthcare decisions based on what you would have chosen for yourself, to the extent that your wishes are known. Most states do not allow you to choose your healthcare providers as your agent, but you may choose any other mentally competent adult you trust.

Texas differs slightly from this, because you are allowed to name your healthcare provider, but they are no longer able to act as your healthcare provider. So, if you name your doctor as your agent, they can’t be the doctor that examines, diagnosis, treats you anymore.

For a Texas medical power of attorney to be valid, it must be in writing and signed before a notary. As mentioned, this document typically goes into effect only if you become unable to communicate your wishes.

What Does Your Agent Need to Know?

Once you have decided who will act as your agent, it is very important to have a serious and honest conversation with that person to help them understand your goals and priorities for your healthcare as well as the guidelines you want them to follow in making decisions on your behalf.

Be sure to provide your agent with the following essential information—preferably in writing—to enable them to adequately make decisions regarding your care:

• Preferred providers. Provide the contact information (name, phone number, and address) for your preferred attending physician and other specialists. In addition, explicitly list any providers that you do not want to treat you.
• Hospital and clinic preferences. Share your preferred hospitals and medical clinics, as well as any facilities you wish to avoid, to help ensure that your agent can choose care that aligns with your standards.
• Medical conditions. Detail any existing medical conditions that could impact your treatment. For instance, if you have a physical condition that can mimic psychiatric symptoms, instruct your agent to rule out physical causes before authorizing psychiatric care.
• Treatment and medical Supply your agent with a comprehensive list of past surgeries and major medical procedures, including the dates they occurred.
• Medications Supply your agent with a current list of all your medications. If you want them to refuse authorization for specific drugs, clearly specify these restrictions in writing.
• Allergies Ensure that your agent is fully aware of any allergies you have, particularly adverse reactions to medications or foods. Provide them with a clearly documented list so that they can actively prevent dangerous medical errors if you are unable to communicate.
• Quality-of-life considerations. Ensure that your agent understands your core priorities regarding your quality of life, such as whether you prioritize comfort, value independence, or prefer aggressive medical intervention. Providing clear examples, like your stance on life-extending treatments such as a ventilator or feeding tube, empowers them to make decisions that truly align with your personal goals.
• Spiritual beliefs. Clearly communicate your religious beliefs to your agent, as these often influence your healthcare preferences. Discuss how your faith might dictate the aggressiveness of your medical treatment, whether you want a chaplain included on your care team, and any specific religious customs or end-of-life rites you wish to have observed.

Naming at least one backup (successor) agent in your medical power of attorney is highly recommended to ensure that a trusted individual is legally authorized to step in if your primary agent is unreachable or unable to serve during a medical emergency.

Let Us Help You Prepare for the Future

A medical power of attorney is not about expecting the worst; it is about empowering the person you trust most to have your back if you are ever unable to make your own healthcare decisions. Even if you already have one in place, consider reviewing it together with your chosen agent once a year.

We are here to help you put a comprehensive plan in place to ensure that your medical wishes will be honored, your finances will be secure, and your family will be fully protected. Reach out to us today to set up a time to talk. You may be surprised by the incredible peace of mind that comes from knowing that you and your loved ones are completely prepared for whatever the future holds.

Nielsen Law PLLC Provides family-focused estate and business planning to individuals and families in Austin, Round Rock, Cedar Park, and the Central Texas area. For more information, and to learn about our firm, please contact us to learn how.