Texas Medical Power of Attorney
A Texas Medical Power of Attorney is a document which is usually prepared by a Texas estate planning attorney as part of the estate planning process. The purpose of the Texas Medical Power of Attorney is for a person, known as the principal, to name an agent to make medical decisions on the person’s behalf if the principal is unable to make his/her own health care decisions.
Texas estate planning attorneys typically provide the name, address, and phone number of the agent in the Texas Medical Power of Attorney. After all, the agent often needs to be notified of the principal’s condition. In addition, it is important for the principal to name alternate agents in case the first agent is unable to make health care decisions on the principal’s behalf.
It is important to note that the Texas Medical Power of Attorney is not a Directive to Physicians. While the agent named in a Texas Medical Power of Attorney may make end-of-life decisions, the power can be used for less severe decisions, as well. Rather, a Texas estate planning attorney will prepare the Directive to Physicians to be signed with the other estate planning documents.
In addition to the power to make health care decisions on behalf of the principal, the Texas Medical Power of Attorney also provides for the release of medical information to the agent. Oddly, without the release, it is possible that the agent cannot actually receive the information on which s/he will be making the decision.
A principal should retain a copy of his/her Texas Medical Power of Attorney. Additionally, s/he should provide a copy of the Texas Medical Power of Attorney to each of his/her agents and doctors. And, of course, the Texas estate planning attorney will also retain a copy of your Texas Medical Power of Attorney.
Most Texas estate planning attorneys make their Texas Medical Power of Attorneys evergreen, meaning they remain in effect until it is either terminated or revoked. However, the principal may opt for a shorter duration. A good example arises when parents are going on a much needed husband and wife vacation. Their kids often stay with their grandparents. And, therefore, the grandparents will be appointed as agents for the children until the parents return home.
Texas Medical Power of Attorneys are important to the estate planning process. As such, it is important that a person considering preparing a Texas Medical Power of Attorney or broader estate planning needs contacts a Texas estate planning attorney.
The Law Office of Robert Newton, PC is a law firm located in Frisco, Texas, that practices in the area of estate planning, real estate, and business. Please feel free to contact the firm for a consultation. The above information was provided for information purposes only and not as legal advice.