No one knows what the future has in store for us. It’s impossible to determine when, but in all likelihood, there will come a point when everyone will need an advance directive Texas. If you’ve had the foresight to prepare, it will make the process much easier for your loved ones.
What are advance directives?
In the event you become incapacitated, these legal documents direct physicians, family members, and others on actions to take or not take on your behalf. Family members often have differing opinions about what they believe is best; advance directives remove any conflict.
Without any advance directives, the responsibility for deciding your medical treatment or end-of-life care decisions can be consented to by the following (in order of priority given):
- your spouse
- your adult child (on the condition any other adult children consent that the individual is the sole decision-maker), or a majority of your reasonably available adult children
- your parents
- a person you’ve identified to act on your behalf before for you became incapacitated
- your nearest living relative or member of the clergy
Should a disagreement arise, the matter will be decided by a probate court judge.
Types of Advance Directive Texas
Texas has four types of advance directives, including:
- Directive to Physicians and Family or Surrogates
- Medical Power of Attorney
- Out-of-Hospital Do-Not-Resuscitate Order (DNR)
- Durable Power of Attorney
Depending upon your situation and needs, it is possible to execute one or multiple directives.
Directive of Physicians and Family or Surrogates
Commonly referred to as a ‘living will.’ This document states your wishes about withholding or withdrawing life-sustaining procedures if your condition is irreversible or terminal and death is imminent, as certified by two residing physicians.
Medical Power of Attorney
This document allows you to name a person you have confidence in as the agent authorized to determine medical actions on your behalf. A doctor must determine you are incapable of consenting to medical treatments for the agent to be given this power and is effective only during the time of your incapacity. If you regain mental capacity, your agent automatically loses the power to consent to medical treatments on your behalf.
Out-of-Hospital Do-Not-Resuscitate (DNR)
This directive commands emergency medical professionals not to resuscitate you and permit a natural death. However, this document does not affect treatment designed to comfort you or reduce any pain. Emergency medical treatment’s goal is to stabilize you until you can be admitted to a medical facility. EMS personnel can only honor the Out-of-Hospital DNR, not the Directive to Physicians nor Medical POAs. These documents are only in effect once you are under the care of a physician.
Durable Power of Attorney
This directive names a person as your agent with the power to make decisions about your finances or property in the event you are incapacitated. But, it doesn’t authorize the agent to make medical treatment decisions on your behalf.
Establish Advance Directives Texas
Once you have valid advance directives, keep the originals, provide your doctors’ with copies to keep in your file, and specifically give copies to any agents named therein. Our estate planning lawyers are here to help establish your advance directives to alleviate stress your family might face in the event you are incapacitated. Give us a call to schedule a free consultation, and we’ll begin drafting your documents.
To find out how we can help you, contact our Austin Estate Planning Attorney at 512-400-7070 for advance directive Texas. We will schedule an initial client consultation to review your estate planning details and lay out a structure for your will. AZ Law Firm will draft the necessary documents to secure your loved ones’ future.
- evaluating and explaining to you the pros and cons of your estate plan
- discussing with you any available options and our proposed strategies as it relates to your estate plan
- providing guidance and recommendations regarding estate planning
- quickly and effectively communicating with you during each step of the process so that you are not left in the dark
- taking your case solely on a contingent fee basis
- and drafting and enacting legally binding estate planning documents
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Accordingly, the attorneys at AZ Law Firm will always provide you with a free initial consultation. During this initial consultation, our estate planning lawyers will evaluate your case, inform you of any legal options that may be available, and allow you to ask any questions that you may have. AZ Law Firm offers affordable rates for all our clients and will work with you on payment plans. Our firm accepts checks, debit cards, and most major credit cards to cover the costs of your legal representation.