What is a Medical Power of Attorney?A Medical Power of Attorney is a type of “advance directive” that provides a simple way to name someone you trust (an agent) to speak to your health care providers and make health care decisions for you (the principal) when you cannot make decisions for yourself. Show
Where can I get a Medical Power of Attorney form?You and your family can get a free Medical Power of Attorney form by using the guided interview tool.
If you are over 60 years of age or older, or if you are receiving Medicare you may call the Legal Hotline for Texans to speak to an attorney free of charge. Call (800) 622-2520 (Option 3). Estate Planning Kit - GUIDED FORM Do I really need a Medical Power of Attorney?A Medical Power of Attorney makes it clear to health care professional whom you wish to make health care decisions for you. It is not the same as a General Power of Attorney in that the Medical Power of Attorney speaks to health care decisions. Is a Medical Power of Attorney different from a durable power of attorney?A Medical Power of Attorney is one kind of durable power of attorney. A Medical Power of Attorney gives your agent the right to make health care decisions for you. A general durable power of attorney empowers the agent to make financial decisions and usually does not give the person the right to make decisions about health care. When can my agent use a Medical Power of Attorney?The person you choose to make health care decisions on your behalf when you cannot is your “agent.” Any competent adult can be your agent, except:
You should choose someone you trust to act according to your wishes. You want someone who has a good knowledge of your wishes (including your values, religious and moral beliefs) and agrees that your medical choices are in your best interest. Your agent cannot make medical decisions for you unless you cannot make decisions for yourself. Your doctor must say, in writing, that you cannot make your own health care decisions. The doctor’s certification goes in your medical file. Your agent can only make medical decisions for you until you are able to make them again. You can revoke (cancel) your Medical Power of Attorney at any time. Do I have to pay for the medical care authorized by my agent?Yes. You are responsible for paying your medical bills, whether you or your agent requests the care. What decisions can an agent make with a Medical Power of Attorney?Unless the Medical Power of Attorney limits the agent’s powers, they can make most medical decisions for you. But, The agent cannot:
What is a health care decision?Health care decisions are agreeing to, or not agreeing to, medical procedures or services to diagnose or treat your physical or mental condition. Your agent has to talk to your doctors before making medical decisions. Your agent can see your medical and hospital records. Can I object to receiving or withholding treatment?Yes, as long as you can make your wishes known. Even if your agent has a Medical Power of Attorney, your wishes must be honored, even if you do not have the ability to make medical decisions. Does the agent have to take responsibility for decisions about my health care?If your agent follows the power of attorney and makes medical decisions in good faith, they cannot be held legally responsible for the decision they made. How long does a Medical Power of Attorney last?The Medical Power of Attorney begins when your doctor says in writing that you cannot make medical decisions for yourself. It lasts until:
If the power of attorney expires when you are incompetent, it will stay in effect until you are competent or until you revoke it. What do I have to do for my Medical Power of Attorney to be legal?You have to sign your Medical Power of Attorney in front of two witnesses OR have your signature acknowledged by a notary public. You also have to read a disclosure statement that explains what a Medical Power of Attorney does, and you have to sign a statement saying that you read and understood the disclosure statement. As noted, the Medical Power of Attorney can be signed before a notary public without the need for witnesses. Who can be a witness?Both witnesses must be at least 18 years old. And, one of the witnesses cannot be:
I have designated a guardian of the person. Should I still sign a Medical Power of Attorney?Yes, unless you prefer to have an “adult surrogate” make decisions on your behalf during your incompetency up until the time a guardian is named for you (if ever).
What is the difference between a living will and a medical power of attorney?In Texas, a living will is called a Directive to Physicians and Family or Surrogates. A Directive to Physicians tells your doctor the kinds of medical care that you want to receive and lists any types of medical procedures that you do not want to have done to you in case you become incapacitated. For example, if you do not want to be placed on a ventilator (artificial breathing machine), you can say that in a Directive to Physicians. Many people choose to have a Directive to Physicians and a Medical Power of Attorney. If you have both and they conflict with one another, doctors will use the most recent one, the document executed later in time controls. What is the difference between a Medical Power of Attorney and an Out-of-Hospital Do-Not-Resuscitate Order?The main difference is the range of medical treatments the documents cover. An Out-of-Hospital Do-Not-Resuscitate Order (or OOH-DNR, for short) is limited to out-of-hospital settings (for example, long-term care facilities or care given in transport vehicles) to refuse the following life-sustaining treatments should you suffer from respiratory or cardiac arrest:
The Medical Power of Attorney, however, is not limited to the above treatments. If your agent’s decision conflicts with your OOH-DNR, the OOH-DNR controls; if no OOH-DNR exists, your agent may make any decisions about an OOH-DNR and may even execute an OOH-DNR on your behalf. What is the difference between a Medical Power of Attorney and a Declaration for Mental Health Treatment?A Declaration for Mental Health Treatment is strictly limited in scope of treatments and in time.
Note: A Medical Power of Attorney agent, however, cannot consent to voluntary inpatient mental health services, convulsive (electroshock) treatment, and psychosurgery. In addition, if the medical treatment you need may be consented to by a Medical Power of Attorney agent, but there is a Declaration for Mental Health Treatment in place for that treatment, the Declaration will override the Medical Power of Attorney.
Note: A Medical Power of Attorney remains effective until the expiration date listed by the principal (if any) or until revoked. Is my Texas Medical Power of Attorney valid in other states? What if I signed a Medical Power of Attorney in another state and move to Texas?A Medical Power of Attorney completed in Texas may or may not be valid in another state.
If you are considering moving to another state, you should look up that state’s laws or talk with a lawyer in that state to determine if you need to update your Medical Power of Attorney. Note: A Medical Power of Attorney (or similar document) that was validly executed in another state is valid in Texas, but only to the extent the document, agent, or treatment is allowed under Texas law. How do I revoke (cancel) a Medical Power of Attorney?You can revoke a Medical Power of Attorney even if you cannot make your own medical decisions. To cancel it, you can:
If your spouse is your agent, the Medical Power of Attorney automatically ends if you get divorced. REVOCATION OF POWER OF ATTORNEY - GUIDED FORM How do you get power of attorney for someone in hospital in Florida?Steps to Take for Medical Power of Attorney in Florida. Choose Your Surrogate/Acting Agent.. Be specific on what decisions Your POA can make for you and what they do not have the power to do.. Fill out your Florida Medical Power of Attorney Form.. Sign your document before subscribing witnesses and a Notary Public. . How do I get an emergency power of attorney in Kentucky?How to Get Power of Attorney in Kentucky. The Kentucky POA document must list the: full contact information and signature of the principal. name and contact information of the agent(s) date the agreement is made. powers granted. ... . A notary public must be present and acknowledge the principal's signature.. How do you get a power of attorney over a parent in Alabama?Steps for Making a Financial Power of Attorney in Alabama. Create the POA Using a Statutory Form, Software, or Attorney. ... . Sign the POA in the Presence of a Notary Public. ... . Store the Original POA in a Safe Place. ... . Give a Copy to Your Agent or Attorney-in-Fact. ... . File a Copy With the Land Records Office.. How do I get a power of attorney for my parent in NC?What are the Requirements for a Durable Power of Attorney? The durable power of attorney must be signed and acknowledged by the principal in the presence of notary public. You must be at least 18 years of age, mentally competent, and have capacity when the durable power of attorney is signed.
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