Houston Estate Planning and Elder Law Attorney Blog
Planning for emergencies is a key part of thinking through your long-term care needs. Importantly, naming an individual to make medical decisions on your behalf, in the event of your inability to make decisions for yourself, is a good way to ensure that you have a solid plan in place in case of the worst. In today’s blog, we discuss medical power of attorney and how it might be helpful for you.
What Is “Medical Power of Attorney”?
In Texas, you can appoint an individual as your “medical power of attorney.” This means that if you are incapacitated, the person you have appointed can make medical decisions on your behalf. The individual will only be able to make decisions if you are both incapacitated and declared incapacitated by your physician. If you have even a slight ability to make decisions for yourself, your medical power of attorney will not be able to step in. Additionally, once you regain competency, the medical power of attorney automatically loses his or her ability to make decisions on your behalf.
Why Name a Medical Power of Attorney?
Many clients who are married ask us why they should name a medical power of attorney in the first place. According to Texas law, if you are married and you become incapacitated, your spouse is the first person in line to make decisions on your behalf.
The reality, however, is that if your spouse is in an accident with you or if your spouse is unavailable, you will want to have a back-up person in mind. Unforeseeable situations arise all the time, and having a plan in place is key to making sure you can recover as quickly as possible.
Naming a medical power of attorney also allows you to choose someone that you trust to make decisions on your behalf. By communicating your desires ahead of time and by naming someone that knows you well, you can make sure that person would make medical decisions in the way you would likely choose to do things.
For help naming a medical power of attorney, call a Texas estate planning firm today. There is no time like the present to plan for the future, and you will never regret having a solid structure in place in case of an emergency.
Are You in Need of a Texas Estate Planning Attorney?
At McCulloch & Miller, we take pride in walking our Texas clients through the estate planning process with as much care and attention to detail as possible. With our firm by your side, you can rest easy, knowing your plans are well taken care of. For a consultation with a member of our team, give us a call today at (713) 333-8900. You can also fill out our online form to tell us about your circumstances and have an attorney reach back out to you. We handle all types of preventative estate planning, as well as probate and probate administration issues on behalf of heirs and beneficiaries.