posted by Sharon F. Blakeney on Jun 16
In the wake of the legal and moral battles surrounding the life and tragic death of Terri Schiavo, many people have reexamined their estate plan to address end-of-life life issues. As long as you are competent you have almost completely unrestrained freedom to make your own health care decisions. However, an unexpected illness or accident could leave you unable to make those decisions on your own. Then, if you have not previously executed any documents setting forth your wishes regarding medical treatment or appointing someone to make those decisions for you, your health care provider, or in some cases a court, would be charged with the duty to make those decisions.
Most people would prefer to have a family member or close friend follow their own wishes and instructions. This is where a living will, in Texas known as a “directive to physicians,” and a medical power of attorney can become an important part of your estate plan. A living will is a legal document that sets out your intentions in advance regarding what medical treatment you wish to be given or have withheld should you become incapacitated. A medical power of attorney is a legal document that designates a health care agent with the authority to make health care decisions for someone who cannot make those decisions for themselves. In Texas, the directive to physicians and medical power of attorney can be one or two separate documents.
Many hospitals and nursing homes now provide their patients with the standard form promulgated by the Texas Health & Safety Code for directives to physicians. However, these standard forms can be misleading, and commonly the default position of these forms is to withhold life-sustaining medical care, which is often extended to include basic nutrition and hydration. I don’t know about you, I just don’t consider food and water “medical care,” and if a simple IV will keep me alive – then I want it! This default-for-death position taken by most standard directives has resulted in a number of organizations promoting pro-life advance directives, including the Terri Schindler Schiavo Foundation and the “Will to Live” project by the Alliance Defense Fund.
End of life issues such as medical powers of attorney and directives to physicians are highly personal, and I encourage you to talk about these issues now with your loved ones and your attorney. Having an advance directive can save family members a great deal of grief and division by setting out clearly your intentions. Discuss in detail with your attorney your wishes and the legal requirements to secure them, so that you can make an intelligent and informed decision that could literally mean the difference between life and death.
Although Ms. Blakeney is an attorney, nothing in this article is intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction, nor is it intended to create an attorney-client relationship with any reader.