DRAFTING HEALTHCARE POA

What Is A Health Care Power of Attorney?

A health care power of attorney (POA) is a legal document that grants a designated third party the authority to act on your behalf in health related matters. A healthcare POA created a principal-agent relationship, and the designated third party becomes an attorney-in-fact for the principal. The former is also referred to as the attorney-in-fact, while the principal-agent is the person who creates the POA. Having a Texas power of attorney in place for your health care can help minimize confusion for your family during a difficult time. 

How Does A Health Care Power Of Attorney Work?

A health care power of attorney allows a designated third party to manage your health care treatment in accordance with the terms and conditions set forth in the health care POA. Depending upon the language of the POA, the POA can either be effective immediately, or upon the occurrence of a future event and end either upon the death of the principal or a defined time set forth in the POA, whichever is earlier. A health care POA authority will also end if you expressly revoke it, a court invalidates it, or the third party is no longer able to perform the fiduciary duties of an agent. A health care power of attorney is a good idea, even if you don't have declining health, because a doctor can rely on the advice of a third party in the event you are declared incapacitated—mentally or physically.

What Rights Are Included In A Health Care Power of Attorney?

A power of attorney for healthcare is given to the person you want to make medical decisions for you in an emergency. While no documents can anticipate every circumstance, the person you designated in a durable power of attorney for healthcare can make decisions not covered by any other healthcare directive.   Some of the healthcare rights found in a medical and healthcare power of attorney include the following:

• The power to offer or deny the consent for medical treatments consistent with your living will;

• The power to decide what medical facilities you attend;

• The power to decide your doctors and medical support;

• The power to go to court over whether to receive or withhold medical treatment;

• The power to decide about organ donation, burial, or cremation; 

• The power to access medical records; and

• The ability to manage your day-to-day activities.

At Wilson Legal Group our estate lawyers utilize a team-based approach that benefits from having access to multiple attorneys with substantive years of experience in many practice areas. Wherever your estate or trust needs may be, our business attorneys have the talent, resources and experience to meet them in an efficient, timely, and cost-effective manner.