As part of your comprehensive estate plan, you signed a Healthcare Power of Attorney to designate a trusted agent to make medical decisions for you if you become incapacitated in some way. Having this document has given you peace of mind, knowing that someone who knows and loves you will make important decisions about life-saving treatment or end-of-life care that are in line with your own wishes. But how do you know this document will be accepted by the hospital, clinic, or nursing home where you are admitted? We offer some tips for making sure your Healthcare Power of Attorney will be recognized when it is needed.

Tip 1: Work With an Attorney

Your doctor may have given you a Medical Power of Attorney form at some point, or you might have downloaded one from the internet. If you follow the instructions provided on Healthcare Power of Attorney Paperworkthe forms, the resulting document should be legally binding, but do you want to risk it? Your best bet is to work with an attorney to designate both Healthcare and Financial Powers of Attorney. This way, you can be confident that the document is valid under Texas law, includes the required HIPAA release, is signed by all required parties and witnesses, and that your lawyer has a copy in case a conflict arises at the hospital.

In addition to working with an attorney, you can ensure that the document is available when it is needed and that your designated agent is known to others before a medical crisis by giving copies to the following:

  • Your appointed agent
  • Your spouse and adult children
  • Your primary care doctor
  • Your local or preferred hospital
  • Your nursing home or assisted living facility

It is also important that you make your healthcare wishes knows not only to your agent but to other family members as well so that they are less likely to interfere in your agent’s decisions. It is not easy to discuss these kinds of issues, but doing so will ensure that your wishes are honored and protect your family from conflicts at what is already a difficult time.

Are You Looking for an Estate Planning Attorney in Texarkana, TX?

If you are looking for estate planning advice, you need to speak with an experienced estate planning attorney as soon as possible. Contact us online or call our Texarkana office directly at 903.223.5653. We also have offices in Tyler, Paris, Longview as well as Magnolia, AR!

 

Kristen Ishihara
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Kristen Ishihara helps clients in TX and AR with elder law issues, asset protection and estate planning.