Drafting an Effective Medical Power of Attorney for Future Care Decisions

Thinking about a time when you can't speak for yourself can be difficult. Medical decisions are deeply personal, and the thought of someone else making those choices can bring uncertainty for you and your loved ones. Still, planning can give you more control over your future care while giving your family clear direction during a difficult time.

A medical power of attorney allows you to name someone you trust to make health care decisions for you if you're no longer capable of making those decisions yourself. In Texas, this document is an important type of advance directive and generally gives your chosen agent authority to make health care decisions according to your wishes and beliefs.

At G.J. Chavez And Associates, we help clients consider their wishes and prepare estate planning documents that reflect those wishes. Whether you're planning for a possible medical emergency or simply want to put your affairs in order, creating a thoughtful medical power of attorney can help give you and your loved ones greater peace of mind. 

Located in Richardson, Texas, we serve clients in Plano, Dallas, Garland, Mesquite, McKinney, Frisco, Allen, Carrollton, and throughout the Dallas-Fort Worth Metroplex. Reach out to us to discuss your future health care wishes and your options for putting them in writing.

Choose the Right Health Care Agent

One of the most important decisions you'll make when preparing a medical power of attorney is choosing your agent. This person can make significant health care decisions when you're unable to communicate or make them yourself.

Your agent doesn't necessarily need to have medical knowledge. Instead, you should choose someone who understands your values, respects your wishes, and can communicate effectively with doctors and other health care providers. 

Consider whether the person is likely to stay calm in stressful situations and whether they can make decisions based on what you would want rather than what they prefer. Before naming someone, have an honest conversation with them. 

Explain your general preferences regarding treatment, quality of life, religious or moral beliefs, and other concerns that can affect your care. You should also consider naming an alternate agent. If your first choice isn't available or can't serve, having another person identified in your medical power of attorney can provide an additional option for decision-making.

Clearly Express Your Health Care Wishes

A medical power of attorney gives another person authority to make health care decisions, but that doesn't mean you have to leave your agent without guidance. Discussing your preferences and documenting key instructions can help your agent make decisions consistent with your wishes. Consider addressing the following topics with your experienced lawyer:

• Treatment preferences: Note your preferences for treatment and comfort-focused care. 

• Religious and moral beliefs: Share beliefs that should guide your care. 

• Quality-of-life concerns: Describe conditions that may affect your treatment choices. 

• Communication preferences: Name people your agent should keep informed. 

• Personal priorities: Share preferences about care, independence, and where you'd like to receive care. 

These conversations can be just as important as completing the document itself. Your agent can eventually need to make decisions in circumstances you couldn't have predicted when you signed your medical power of attorney.

Follow Texas Requirements and Review the Document

Texas law establishes requirements for creating a valid medical power of attorney. The Texas Health and Safety Code provides a statutory form, and Texas Health and Human Services currently provides a Medical Power of Attorney Designation of Health Care Agent form. 

Texas law also permits certain signatures to be acknowledged by a notary instead of witnesses and allows digital or electronic signatures in qualifying circumstances. Because the requirements can change, it's important to use current information when preparing your document. 

Experienced medical power of attorney attorneys can also review your circumstances and explain how the document fits with your broader estate plan. After signing your medical power of attorney, keep the document accessible. Give copies to your agent and alternate agent, and consider providing a copy to your physician or other appropriate health care providers. 

You may also want to keep a copy with other important estate planning documents. Your circumstances can change over time, too. Marriage, divorce, changes in family relationships, changes in health care preferences, or a change in your relationship with your chosen agent can affect your decisions.

Coordinate Your Medical Power of Attorney With Your Estate Plan

A medical power of attorney is only one part of future planning. Depending on your circumstances, you can also benefit from other advance directives or estate planning documents. For example, Texas recognizes a Directive to Physicians and Family or Surrogates, which lets you communicate preferences about certain future medical treatment. 

An out-of-hospital do-not-resuscitate order serves a different purpose as well. A statutory durable power of attorney generally concerns financial and property matters rather than health care decisions.

Because these documents address different issues, consider how they work together. Your wishes should be consistent across your planning documents whenever possible, and the people you appoint should understand what authority you've given them.

Protect Your Wishes With a Medical Power of Attorney

Drafting an effective medical power of attorney means more than filling out a form. It involves thinking carefully about who you trust, discussing your wishes, and creating a plan that gives your chosen agent meaningful guidance about your future care.

At G.J. Chavez And Associates, we understand that making decisions about future medical care can be deeply personal. We help clients address these concerns as part of thoughtful estate planning and work to create documents that reflect their individual wishes and circumstances. 

Located in Richardson, Texas, we serve clients in Plano, Dallas, Garland, Mesquite, McKinney, Frisco, Allen, Carrollton, and throughout the Dallas-Fort Worth Metroplex. Reach out to us today to discuss drafting a medical power of attorney and planning for your future care decisions.