When it comes to end-of-life medical decisions, Texas law provides clear legal tools to help individuals express their wishes and maintain control over healthcare choices. This is particularly important for those who may no longer be able to communicate. By preparing the appropriate documents in advance, you’re able to ease the burden on loved ones and ensure your preferences are honored.
To help you get started, here’s an overview of key considerations and legal documents for end-of-life planning in Texas.
Advance Directives: The Cornerstone of End-of-Life Planning
Advance directives are legal documents that outline your healthcare preferences in situations where you cannot speak for yourself. In Texas, the most common advance directives are the directive to physicians and family/surrogates (living will), or a medical power of attorney.
Directive to Physicians and Family or Surrogates (Living Will)
A living will allows you to express your preferences for medical treatment if you are diagnosed with a terminal or irreversible condition. This document includes instructions about life-sustaining treatments such as mechanical ventilation, artificial nutrition, and hydration.
In Texas, the living will must be signed in the presence of two witnesses or notarized to be legally valid.
Medical Power of Attorney (MPOA)
An MPOA allows you to designate a trusted individual to make medical decisions on your behalf if you are incapacitated. This person, known as your “agent,” is able to consult with healthcare providers to ensure your wishes are followed.
In Texas, the MPOA must also be signed in the presence of two witnesses or notarized.
Do Not Resuscitate Orders (DNR)
In Texas, an Out-of-Hospital Do Not Resuscitate (OOH-DNR) order is a vital document for individuals who wish to decline cardiopulmonary resuscitation (CPR) outside of a hospital setting. Governed by the Texas Health and Safety Code, this directive applies to emergency medical personnel, ensuring that your preferences are respected. This includes your home, nursing facilities, or hospice care. The OOH-DNR helps prevent unwanted medical interventions while providing clarity and direction to medical providers in urgent situations.
For validity, the form must be signed by you or a legal representative, your physician, and two witnesses or a notary public. It is essential to keep the completed form in an easily accessible location, such as by your bedside or on your refrigerator, as emergency responders are trained to look for it in these areas. Additionally, inform your loved ones about the existence and location of the document so they can assist in ensuring your wishes are honored. Taking these steps ensures compliance with Texas law and peace of mind that your end-of-life care decisions will be respected.
HIPAA Authorization
Federal privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA), and Texas state laws such as the Texas Medical Records Privacy Act (Tex. Health & Safety Code § 181), are designed to safeguard the confidentiality of your medical information. Without specific authorization, even your closest loved ones or designated agents may be unable to access your health records or discuss your medical care with healthcare providers. These laws protect your personal health information and ensure it remains private unless you explicitly grant permission.
A HIPAA authorization form, recognized under both federal and Texas law, is an essential tool for managing your healthcare decisions. By completing this form, you can designate trusted individuals to communicate with your doctors, access your medical records, or assist in making treatment decisions. This proactive step ensures that those you depend on stay informed and support you effectively, particularly in circumstances where you may be unable to advocate for yourself.
Planning for Mental Health Decisions
In Texas, individuals have the option to prepare a Declaration for Mental Health Treatment under the Texas Health and Safety Code, Chapter 137. This legally binding document allows you to outline your preferences for psychiatric care, medications, and other mental health treatments in advance. It becomes effective if you are deemed incapacitated and unable to make decisions regarding your mental health care. By specifying your treatment preferences, you can ensure your wishes are followed during a time when you may not be able to communicate them directly.
The Declaration for Mental Health Treatment is particularly important for those with a history of mental health challenges or concerns about future incapacity. It empowers you to maintain control over critical aspects of your mental health care, such as consenting to or refusing specific medications or therapies. This document works in tandem with other legal tools, like a durable power of attorney for healthcare, to provide comprehensive planning for your medical and mental health needs.
Why End-of-Life Planning is Crucial
Failing to plan for end-of-life medical decisions can create significant challenges, both for you and your loved ones. In Texas, if you have not documented your wishes through legal instruments such as an advance directive or a medical power of attorney, healthcare providers may administer life-sustaining treatments that conflict with your preferences. This can lead to emotional stress for your family, who may be left guessing your intentions during a difficult and highly emotional time. Clear directives can help prevent unnecessary medical interventions that do not align with your values or desires.
Without proper planning, family members may face disagreements about your care, potentially resulting in disputes that strain relationships. In extreme cases, Texas courts may need to intervene to appoint a guardian or resolve conflicts, which can delay critical decisions about your treatment. Such delays can further complicate medical care and increase emotional burdens. By preparing legally recognized documents under Texas law, you can ensure your wishes are honored, alleviate uncertainty, and provide your loved ones with guidance during challenging moments.
Steps to Begin Planning
Creating a comprehensive end-of-life plan involves a few key steps:
- Consult an experienced attorney who can draft and review your documents to ensure compliance with Texas law.
- Communicate with your loved ones about your preferences to avoid confusion or misunderstandings.
- Review your documents regularly to ensure they reflect your current wishes and update them as needed.
Contact Bromlow Law for Assistance
At Bromlow Law, we understand the importance of planning for end-of-life decisions with confidence and peace of mind. Our team is experienced in drafting advance directives, medical powers of attorney, and other essential documents tailored to Texas law.
Don’t leave your healthcare choices up to chance—contact us today to schedule a consultation and take the first step toward protecting your wishes and your loved ones.
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.