Texas Probate Blog

The Wright Firm, LLP

Medical Power of Attorney

Posted on | May 10, 2011 | No Comments

I frequently advise clients regarding the use of a medical power of attorney. I generally refer to this document as a disability document (i.e., what if you are disabled and can not make health care decisions).  Generally, if you are married, the physicans are going to consult with your spouse regarding medical decisions.  However, what if you are not married, or don’t have family who can make decisions for you? 

This legal form allows you to designate an agent to make health care decisions for you.  Unlike a business or durable power of attorney, the medical power of attorney is only effective if you are unable to make health care decisions yourself.

The medical power of attorney also allows you to express your desires regarding the use of life support.  However, I generally recommend that clients also execute a Directive to Physicians and Family or Surrogates (also known as a “Living Will”).

Its really a simple document to prepare and we recommend them during every estate planning consultation.  I also recommend that if a client already has a medical power of attorney that they review the selection of agent every few years.

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