${site.data.firmName}${SEMFirmNameAlt} - CPAs and  Attorneys

Free Initial Consultation | Se Habla Español

800-569-2663

Bedford (Fort Worth) 817-545-3425 toll free 800-569-2663

Austin 800-569-2663 Addison (Dallas) 972-685-5202

Estate Planning Professionals Providing Peace of MindCPAs and Attorneys

Living will and power of attorney are strong planning steps

It is a natural inclination for someone who becomes incapacitated and in need of medical care to want to have a say in what happens. The appropriate way to set up that kind of assurance for an elderly family member is to have the forms drawn up and signed while the loved one is mentally competent and able to know the nature of the document being signed. In Texas, these forms are essentially comprised of two operative documents: an advance care directive, also called a living will, and a medical power of attorney.

The advance care directive essentially tells one's doctors and care providers what kind of medical treatment is desired if something happens in the future to make the person unable to communicate his or her wishes. This may dictate that all artificial life support and resuscitation methods be used to keep the individual alive or it may direct the opposite approach. If properly witnessed or notarized, the living will is generally a legally enforceable document.

The medical power of attorney gives a family member or trusted friend the authority to make medical decisions and communicate them to medical providers. It authorizes the appointee to sign forms agreeing to surgery and other forms of treatment. The medical power of attorney gives the appointed person the right to sign the patient's name on his or her behalf for any other number of medical purposes.

The great advantage of these legal instruments is that they free the surviving family from having to ruminate over whether the right decision is being made. It gives them a direct line to the incapacitated loved one through the living will that demonstrates his or her wishes for medical care in the future and allows the power of attorney designee to sign on the person's behalf.  Although there is no absolute requirement in Texas that an attorney draw up these documents, in many cases the questions, complications and legal issues that people want answered or addressed will be most effectively and accurately handled by an experienced attorney.

Source: cumberlink.com, "Planning for the unexpected", Joshua Vaughn, July 13, 2015

No Comments

Leave a comment
Comment Information

Our Office Locations

The Livens Law Firm
2516 Harwood Road
Bedford (Fort Worth), TX 76021
Phone: 817-545-3425
Toll Free: 800-569-2663
Fax: 817-545-9847
Map and Directions

Austin Office
3 Lakeway Centre Court
Suite 120
Austin, TX 78734
Phone: 800-569-2663
Fax: 888-545-9847
Map and Directions

Addison Office
14135 Midway Rd.
Suite G-250
Addison, TX 75001
Phone: 972-685-5202
Fax: 972-685-5206
Map and Directions

Free Initial Consultation | Se Habla Español

Member Wealth Counsel Elder Counsel Your success our commitment Excellence in elder law and  special needs Member NAELA National Academy of elder law Attorneys Inc. Member ASNP Academy of special needs planners members