LIVING
WILLS (Directive to Physician)
&
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
Which
is better?? We recommend both. Some states approve one kind
over the other; some health care providers are more comfortable with
one type of document than another. But whatever document is elected,
make sure that it is consistent, describes treatment choices in a variety
of situations, and names someone to make decisions for you, should you
be unable to make decisions for yourself.
If you
have not planned ahead, the decision-making power passes to a family
member or relative, sometimes a close friend, the attending doctor,
or a court-appointed guardian. With medical technology advancing at
a dizzying pace, should you not have had your wishes made known to someone,
someone will "step into your shoes" and make that crucial
decision during life-and-death situations or when you are not competent
to make the "call".
What
is the difference between a Texas Directive to Physicians and Family
or Surrogates (formerly called Living Will) and a Texas Medical Power
of Attorney (also called a durable power of attorney for healthcare)?
- Texas
Directive to Physicians and Family or Surrogates (formerly called
Living Will): a written statement of wishes regarding the use, withholding
or withdrawal of life-prolonging treatment, nutrition and hydration
if a person has a terminal condition and is incapable of making decisions
for himself at that time. The directive can prohibit OR authorize
the use of life-prolonging treatments when a person's condition is
terminal or irreversible. For example, the document may state that
the signer's life should not be artificially prolonged by extraordinary
measures when there is no reasonable expectation of recovery from
extreme physical or mental disability. However, the document can request
that every effort be made to prolong life by extraordinary measures.
Under "additional requests," the individual can add personal
instructions, such as "I want to receive as much pain medication
as necessary to ensure my comfort," or "I do not want a
food tube inserted." Generally, this directive only goes into
effect if the person is no longer able to make his own decisions.
- Texas
Medical Power of Attorney (also called a durable power of attorney
for healthcare): allows the individual (principal) to assign someone
(agent) to make decisions about his medical care in the event that
he becomes incapable of making informed decisions. It also allows
the principal to provide the agent, family members and healthcare
providers with written instructions regarding the kind of treatments
that should or should not be given. Even with the Medical Power of
Attorney in place, the individual will continue to make his own medical
decisions as long as he is capable of doing so and can communicate
those decisions. The agent's authority starts only when the attending
physician certifies in writing that the individual no longer has the
capacity to make those decisions. Further, a power of attorney can
be changed or revoked at any time and does not give the agent authority
to override the decision-making of the principal.
Please
feel free to contact us if you would like more information on this subject.
1205
Airline Rd., Corpus Christi, Tx. 78468
Phone: 361.993.1313
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