Are Advance Directives Important Legally?

by | Jan 31, 2017 | Attorney

In order to understand just how important, an advance directive is you need to understand what it is composed of. Typically an advance directive includes a living will and a medical power of attorney for healthcare. These types of documents should always be prepared by those with experience in compassion. They can lead you through the process so you can protect yourself and your loved ones with legally binding documents.

The Integral Role of a Medical POA

A medical POA gives you the ability to appoint a person or persons, as agents that are able to make decisions regarding your healthcare if you are unable to do so because of diminished capacity, injury or illness. This legal document pertains to medical decisions and is not the same as a financial POA. Without a medical POA and no one to step in to make those choices on your behalf, it is up to the courts to appoint a conservator. This is also called a living probate and is normally handled by a probate court which includes loss of control, attorney costs, and loss of privacy. This is a situation that no one wants to have to suffer through.

Your Wishes Will Be Respected with a Living Will

The second document, a living will, is a legal document where you can declare which type of medical processes you want or you do not want to be performed when you are terminally ill or in a constant vegetative state. This document typically applies to patients that are comatose and are no longer able to communicate their desire to terminate life support systems. It is called a living will because it takes effect before death. Consider it a death with dignity or right to die form. It is imperative to seek the service of the professionals to have an advance directive in Texas prepared.

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