Choosing the Right Healthcare Agent in Texas: A Cautionary Tale and Attorney Insight from Artie Pennington

When it comes to estate planning in Texas, selecting the right healthcare agent is one of the most critical — and often misunderstood — decisions you can make. A recent episode of a popular medical drama brought this issue to life with startling realism, showing how emotionally and legally complex things can become when your healthcare preferences are not clearly followed.

A Fictional Case with Real-Life Consequences

In the storyline, an elderly man with Alzheimer’s is hospitalized with pneumonia and sepsis. Before his health declined, he had completed an advance directive stating he did not want to be intubated or resuscitated. He named both of his children as co-agents under his medical power of attorney. However, when doctors advised that intubation could extend his life but contradict his directive, the children disagreed. One wanted to follow their father’s wishes; the other could not let go. The result was a decision that directly opposed the patient’s documented intent.

Though fictional, this case mirrors a real issue: co-agents with conflicting views can unintentionally override your healthcare choices.

Understanding the Legal Framework in Texas

Artie Pennington, an experienced estate planning attorney in Central Texas, routinely counsels clients on avoiding exactly these types of complications. Texas recognizes both advance directives and medical powers of attorney. According to the Texas Health and Safety Code, when there’s a conflict, the most recently executed document generally prevails — unless otherwise specified.

This makes it essential to review and update your estate planning documents consistently. You can learn more about how these documents work in practice on our page about healthcare directives and powers of attorney.

The Pitfalls of Naming Co-Agents

Naming more than one person as your healthcare agent can seem practical — but it often creates uncertainty and delays. In high-stress medical situations, differing opinions can lead to unwanted outcomes and increased family tension. This is why our legal team typically advises appointing a single, trusted individual.

Tips for Choosing the Right Healthcare Agent

Here are several best practices we recommend at the Pennington Law Firm:

• Appoint one primary agent rather than co-agents
• Discuss your values and wishes in detail with that person
• Clearly document your preferences in an advance directive
• Make it a point to evaluate your estate documents after significant life events.
• Confirm that your chosen agent remains willing and able to serve

These steps are also covered in our guide to estate planning essentials.

How Attorney Artie Pennington Can Help

With offices serving clients across San Marcos, Kyle, and Austin, Artie Pennington brings a strategic, compassionate approach to healthcare and end-of-life planning. Whether you need help drafting or updating an advance directive or selecting a medical power of attorney, our team offers personalized legal guidance tailored to your values and goals.

We provide more than documents — we offer peace of mind.

Schedule a confidential consultation with Artie Pennington Law Offices, PLLC to discuss how your healthcare preferences can be clearly documented, your loved ones supported, and your estate plan aligned with your personal values. To begin the process, reach out through our online contact form or give our office a call at 512-596-0534.

Looking for more insights? You might also find our blog post on common estate planning mistakes useful.

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