The only document that is needed, or available, to avoid guardianship in case of your incapacity is a medical power of attorney. This is a key document in everyone’s estate plan. If you have named an agent and given them authority to make your medical decisions, with a properly executed medical power of attorney that complies with Texas law, your agent should have little difficulty in working with your medical professionals.
We strongly urge that you take your medical power of attorney to your primary care physician and have them scan it and save it as part of your permanent records. This will give them much greater confidence to rely on that agent when the time comes. Further, your agent needs to know who to work with in making financial decisions and have access to your medical records.
A medical agent is not given carte blanche on how to handle your medical affairs. You are not giving them authority to sign a do not resuscitate order without good cause, and they cannot deny treatment unless consistent with an advanced directive or other medical advice. Your medical agent is to take care of you, and like your financial agent, they are serving in a fiduciary capacity.
Unfortunately, the difficult job of making end-of-life decisions is the role of a medical agent. There often comes a time when a DNR is the correct answer, or terminating further life support is required. It substantially aids your agent, both legally and mentally, if they know your desires. The Texas advanced directive that we include with our medical powers of attorney provides bare bones guidance. While helpful, an advanced directive does not provide detailed guidance to your agent. Therefore, we strongly urge you to have a conversation with your medical agent relaying your life decisions and the choices you would have made in various circumstances, so they better understand how you would make your decisions in the same circumstances.
Often, reminding your agent of how you dealt with other loved ones in your life (often your parents) greatly informs the agent on how you want your own situation handled. So, you not only want to give your medical agent the legal authority to make your decisions, you want to give them enough guidance so they know they are making the correct decisions for you.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.
