Medical Power Of Attorney And Texas Will To Live (Page 2 of 8) in pdf

Information Concerning the Medical Power of Attorney and the Texas Will to Live

THIS IS AN IMPORTANT LEGAL DOCUMENT.

BEFORE SIGNING THIS DOCUMENT, LEARN THE FOLLOWING IMPORTANT FACTS.

Except to the extent you state otherwise, this document authorizes the person you name as your health care

agent to make any and all health care decisions for you in accordance with your advance instructions when

you can no longer make such decisions for yourself. These instructions should incorporate your religious and

moral beliefs. Because “health care” means any treatment, service, or procedure to maintain, diagnose or treat

your physical or mental condition, your health care agent has the power to make a broad range of health care

decisions for you. Your health care agent may consent, refuse to consent, or withdraw consent to medical

treatment and may make decisions about withdrawing or withholding life-sustaining treatment. Your health

care agent may not consent to voluntary inpatient mental health services, convulsive treatment,

psychosurgery, or abortion.

Texas law allows for a physician or hospital to withdraw life-sustaining treatment (including food and water)

from you despite your expressed instructions in a validly executed advance directive or medical power of

attorney. Once the decision to withdraw treatment and/or food and fluids is made by your physician, the

decision will then be validated by an ethics committee at the hospital where you are being treated. At that

time, you, your health care agent, and/or your family have only ten (10) days to locate and transfer to another

facility willing to provide the necessary life-sustaining medical treatment. The physician or facility is not

obligated to treat you beyond the tenth day, which could lead to your death. Rarely are transfers effectuated

either by the family or the facility within the ten-day allotment. However, if your instructions are written and

clearly expressed in a “Medical Power of Attorney” accompanied by a completed “Will to Live” document,

your health care agent will be in a better position to defend your life in the event he/she needs to go to court to

protect your life from the withdrawal or denial of medical treatment and/or food and fluids.

Your health care agent’s authority begins when your doctor certifies that you lack the competence to make

health care decisions. Your health care agent is obligated to follow your instructions when making decisions

on your behalf. Unless you state otherwise, your health care agent has the same authority to make decisions

about your health care that you would have if you were competent.

Your instructions and this document should be discussed with your health care agent, physician, other health

care provider(s) if any, and your family before you sign it, thereby ensuring that you understand the nature

and range of decisions that may be made on your behalf. If you do not have a physician, consult with

someone else who is knowledgeable about these issues and can answer your questions. You do not need a

lawyer's assistance to complete this document, but if there is anything that you do not understand in this

document, consult an attorney.

The person you appoint as your health care agent should be someone you know and trust. The person must be

18 years of age or older or a person under 18 years of age who has had the disabilities of minority legally

removed. If you appoint your health or residential care provider (e.g., your physician or an employee of a

home health agency, hospital, nursing home, or residential care home, other than a relative), that person has to

choose between acting as your health care agent or acting as your health or residential care provider; the law

does not permit a person to do both at the same time.

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Medical Power Of Attorney And Texas Will To Live Page 2