When it comes to planning for the future, ensuring that your healthcare wishes are respected is crucial. For Texans, advance directives play a vital role in this planning process. These legal documents allow individuals to outline their preferences for medical treatment and appoint someone to make healthcare decisions on their behalf if they become incapacitated. Here’s a comprehensive guide to understanding advance directives in Texas.
WHAT ARE ADVANCE DIRECTIVES?
Advance directives are legal documents that communicate your healthcare preferences in situations where you are unable to make decisions for yourself. Additionally, they provide a way to ensure that your wishes are known and followed by your family, friends, and healthcare providers.
Types of Advance Directives in Texas
In Texas, there are several types of advance directives, each serving a unique purpose:
Directive to Physicians and Family or Surrogates (also called a “Living Will”)
This document allows you to specify your wishes regarding medical treatment in the event of a terminal or irreversible condition. It outlines whether you want life-sustaining treatments, such as mechanical ventilation or tube feeding, to be used or withheld.
Medical Power of Attorney
A Medical Power of Attorney designates a trusted individual (agent) to make healthcare decisions on your behalf. This person will have the authority to speak with your doctors and make decisions based on your known wishes and best interests.
Out-of-Hospital Do-Not-Resuscitate (DNR) Order
An Out-of-Hospital DNR Order instructs healthcare professionals not to perform cardiopulmonary resuscitation (CPR) or other life-sustaining measures if your heart stops. This order is typically used by individuals with terminal or irreversible conditions who wish to die naturally. In Texas, this order must be signed by both the patient (or their legal representative) and a physician to be valid.
Declaration for Mental Health Treatment
This document allows you to specify your preferences for mental health treatment, including medications and hospitalization, if you are unable to make decisions during a mental health crisis.
Creating Advance Directives for Texans
To create a valid advance directive in Texas, complete the following steps:
1. Choose the Appropriate Forms
Texas provides specific forms for each type of advance directive. You can obtain these forms from healthcare providers, legal professionals, or online resources. However, using outdated forms or forms not compliant with Texas law invalidates the advance directive and could delay the process.
2. Complete the Forms in Detail
Carefully fill out the forms, providing detailed information about your healthcare preferences and appointing a trusted agent if necessary. Be sure to read the instructions thoroughly. Lastly, ensure that the information you provide is correct and up-to-date.
3. Sign the Documents
Advance directives must be signed in the presence of two witnesses or a notary public. The witnesses cannot be related to you, your healthcare providers, or anyone entitled to a portion of your estate. However, witnesses and a notary public are both required for the signing of a Directive to Physicians (living will) in the state of Texas.
4. Distribute Copies Accordingly
Provide copies of your advance directives to your healthcare agent, family members, and primary care physician. It’s essential that these individuals are aware of your wishes and have access to the documents. Furthermore, remember to re-distribute any updated copies that may be created later on.
Reviewing and Updating Your Advance Directives
Your healthcare preferences may change over time, so it’s important to review and update your advance directives periodically. Consider revisiting these documents if you experience significant life changes, such as a new diagnosis, changes in marital status, or the death of a designated agent.
The Importance of Communication
Creating advance directives is just the first step; effective communication is equally important. Discuss your healthcare wishes with your family, friends, and healthcare providers to ensure everyone understands your preferences. Also, this can help prevent confusion and reduce the emotional burden on your loved ones during difficult times.
CONSULT WITH A TEXAS ESTATE PLANNING ATTORNEY
Advance directives are vital tools for safeguarding your healthcare wishes and ensuring your voice is heard, even when you cannot speak for yourself. In Texas, these legal documents provide clarity and peace of mind for you and your loved ones. By taking the time to create and communicate your advance directives, you can face the future with confidence, knowing that your healthcare decisions will be respected.
Bromlow Law, PLLC and Laura L. Bromlow, are dedicated to the practice of Elder Law and Estate Planning. Our practice focuses solely on working with clients in these and closely related legal fields. Laura L. Bromlow is a Certified Elder Law Attorney with the National Elder Law Foundation. Bromlow Law, PLLC strives to enhance communication among family members and loved ones and to keep them all out of conflict so they can stay out of court. We want to help you keep your close circle safe!
Please contact our office today at (281) 665-3807 to schedule a free consultation to discuss your legal matters. We look forward to the opportunity to work with you.