It is recommended by the Texas Medical Association that you have a medical power of attorney. Chances are in your lifetime you may be seriously injured, ill, or otherwise unable to make your own medical decisions regarding the kind of medical care, and treatment you desire. If this should happen, a medical power of attorney can appoint someone who knows your values and whom you trust to make those medical decisions for you if your unable to.
In Texas you can appoint more than one agent, although you’re not required to do so. The alternative agent(s) may make the same medical decisions as the designated agent if that agent is unable or unwilling to act on the patient’s behalf.
In Texas the principal/patient may appoint anyone to their agent except their health care provider, an employee of the health care provider unless their a relative of the principal, the principal’s residential care provider, or an employee of the principal’s residential care provider unless that person is a relative of the principal.
In Texas a person does not need a lawyer to execute a Medical Power of Attorney, although its not necessary, a lawyer or paralegal could sit down with you and help prepare the forms.
Under a Medical Power of Attorney, an agent is granted wide latitude when consenting to medical treatment on the principal’s behalf, but an agent cannot commit the principal to a mental institution, or convulsive treatment, or Psychosurgery, or an abortion, or consent to neglect of comfort care.
In Texas, notifying either an agent or the principal’s health care provider orally or in writing, of the principal’s intent to revoke the medical power of attorney, may revoke a Medical Power of Attorney. The revocation will occur regardless of the principal’s capacity to make medical care decisions. Also, if the principal executes a later Medical Power of Attorney the prior one becomes revoked (void) and the new Medical Power of Attorney will be the only one legally effective. Another way a Medical Power of Attorney can get revoked is if the principal designates his or her spouse to be the agent, if the principal and agent divorce then the Medical Power of Attorney becomes void (is revoked).
By: Nick Fagan
Posts Tagged ‘Revocation’
Texas Medical Power of Attorney
November 30th, 2009Medical Power of Attorney
November 17th, 2009
A Medical Power of Attorney gives specific instructions, prepared in advance, that are intended to direct medical care for an individual if he or she becomes unable to do so in the future. Plainly speaking, a Medical Power of Attorney is made in anticipation of a medical emergency. If you are in an accident or suffer a disease or disorder that may leave you incapable of making a sound medical decision, a Medical Power of Attorney permits you to choose in advance who will represent and enforce your interests. The person authorizing the other to act on his behalf is the “principal” and the one authorized to act is the “agent”.
A Medical Power of Attorney should be given to someone whom you trust unreservedly; this is an individual who will be making decisions for you when you are incapacitated, even if you are not on life support or terminally ill. However, an agent does not have the authority to act until the principal’s attending physician certifies in writing that the principal is incompetent.
A Medical Power of Attorney is not legally effective unless the principal signs a disclosure statement that he or she has read and understood the contents before signing the document. If the principal is physically unable to sign, another person may sign the document in his or her presence and at his or her directive. Two qualified witnesses, who are competent adults, must witness the procedure. At least one of them must not be related to the principal, the principal’s attending physician or the attending physician’s employee, entitled to a part of the principal’s estate, an individual who has a claim against the principal’s estate, or an officer, director, partner or business office employee of the healthcare facility.
An individual may revoke the Medical Power of Attorney by notifying either the agent or the principal’s health care provider of his or her intent to revoke the document. This revocation will take place regardless of the principal’s capability to make sound medical judgments. Further, if the principal executes a later Medical Power of Attorney, then all prior ones are revoked. If the principal designates his or her spouse to be the agent, a divorce revokes the Medical Power of Attorney.
An agent, acting in good faith, will not incur criminal or civil liability for a medical decision made under a Medical Power of Attorney.
By: Kent Pinkerton