What Legal Documents Are Needed to Ensure Your Medical Wishes Are Followed?

We all want to make our own healthcare decisions, and we have the right to do so. The problem is what to do when you can’t advocate for yourself. Unfortunately, old age, dementia, or conditions like a stroke or coma can make it impossible for you to communicate what you really want. An estate planning attorney in Austin, TX can make sure you have all the legal documents so your medical wishes are followed.

From an Estate Planning Attorney in Austin, TX: The Documents You Need to Protect Your Choices

1. Medical Power of Attorney

The first thing you need is a Medical Power of Attorney (MPOA), which designates another person to be your official legal representative when it comes to healthcare decisions. This person will only be able to exercise that power if you have become incapacitated. They have no power to make decisions for you so long as you are capable of making them yourself. This person also has no power over your finances, unless you also specifically designate them as your legal power of attorney. The titles are similar, but the roles are very different.The person you choose should be trustworthy and responsible. Most people choose their spouse for this position, but you can also choose an adult child, a parent, or a friend. In some cases, you may wish to even appoint a third party. Your lawyer will help you talk through your choice, make sure the person will be acceptable to the court, and help you approach them to make sure they’re willing to take on that responsibility, if necessary.

Texas Laws About the MPOA

In the event you are incapacitated, the state will give decision-making authority for healthcare decisions to your relatives. The top priority is your spouse, and then your adult children. If your spouse and children are not available or you don’t have any, next priority goes to your parents, and after that to the next closest living relative you have. Bear in mind that if it comes to this, you could potentially end up with some distant cousin being asked to make decisions, and this might be someone who barely knows your name. It’s always best to have your own MPOA clearly laid out.

2. The Living Will

Even with an MPOA, you want your power of attorney to be aware of your wishes. That’s what a living will does. A living will dictates what you want doctors to do, or not do, if you’re not able to communicate for yourself.You might wonder why you would need an MPOA at all if you have a living will in place. It’s important because a living will can’t cover every possibility. You can direct doctors about what types of treatments you permit, but there’s always a possibility that something may arise that’s not covered in the living will. For help in setting up your essential healthcare protections, contact the Artie Pennington Law Offices in Kyle or Austin, TX today to set up an appointment.

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