Wills and Trusts
How to Choose the Right Medical Power of Attorney
When planning for future healthcare decisions, selecting a Medical Power of Attorney agent is a crucial step. This person will make medical decisions on your behalf if you become unable to do so yourself. It’s essential to choose someone you trust implicitly, as their decisions could significantly impact your health and well-being.
Understanding the Role of a Medical Power of Attorney
A Medical Power of Attorney (MPOA) is a legal document that allows you to appoint someone as your healthcare agent. This agent will have the authority to make medical decisions for you if you are incapacitated. The authority granted by an MPOA is defined under Texas law, specifically in the Texas Health and Safety Code, Section 166.151-166.166.
Factors to Consider When Choosing an Agent
- Trustworthiness: The person you choose should be someone you trust completely. They must respect your wishes and have the ability to make tough decisions during stressful situations.
- Understanding of Your Values: Your agent should understand your values and beliefs regarding healthcare. This includes knowing your preferences for end-of-life care, life-sustaining treatments, and any other specific medical wishes.
- Proximity and Availability: Ideally, your agent should be someone who lives nearby and can be readily available in an emergency. If they live far away, ensure they are willing and able to travel quickly if necessary.
- Communication Skills: Your agent will need to communicate effectively with healthcare providers and possibly your family. They should be able to ask the right questions, understand the medical information provided, and convey your wishes clearly.
- Emotional Stability: Making medical decisions for someone else can be emotionally taxing. Your agent should be emotionally stable and capable of making rational decisions under pressure.
- Willingness to Act: Before naming someone as your MPOA agent, have a conversation with them to ensure they are willing to take on this responsibility. Not everyone is comfortable making critical medical decisions for someone else.
Legal Considerations in Texas
Texas law requires that the Medical Power of Attorney document be signed in the presence of two witnesses or a notary public. It’s also crucial to understand that your MPOA agent cannot be your healthcare provider or an employee of your healthcare provider unless they are related to you by blood or marriage.
Furthermore, under the Texas Health and Safety Code Section 166.152, the agent’s authority begins only when your attending physician certifies in writing that you are no longer capable of making your own healthcare decisions.
Final Thoughts
Selecting the right person to serve as your Medical Power of Attorney agent is a decision that requires careful consideration. By choosing someone who understands your values, is trustworthy, and can handle the responsibility, you can ensure that your healthcare decisions will be made in line with your wishes, even when you cannot make them yourself.
