be_ixf;ym_202403 d_19; ct_50

Your Life is on the Line: Who’s in Charge?

 

The most important decisions of your life are ahead of you and most likely you will not be able to speak for yourself. Taking charge of these critical moments by choosing the person to speak for you is one of the most meaningful and empowering moves that you can make. This is a time in the future that comes to us all, where something traumatic has occurred to you physically and you are no longer capable of communication and perhaps not capable of a meaningful response. In that moment of crisis, health care decisions need to be made, and you need someone to be able to confidently speak for you; saying the words that you prepared them to speak. Every adult should consider completing advance directives and thereby take control when you are most vulnerable.

The Medical Power of Attorney or Durable Power of Attorney for Health Care is a legal Texas document that empower the persons of your choosing to make health care decisions when you can no longer do so yourself. It is a free document that is simple to complete and once executed a copy should be given to each health care provider to ensure that your health care agent is honored. A Medical Power of Attorney is different from the Durable Power of Attorney that addresses finances and properties and the Texas standard forms are almost never combined.

If you choose not to complete a Medical Power of Attorney then Texas law prescribes that the Legal Next of Kin be appointed by health care providers to make your life and death decisions. The Legal next of Kin assignment will be decided by the following:

Refer: Texas Health and Safety Code 166.039

  1. Is there a court appointed Guardian of the patient?
    1. If no, then proceed
  2. Does the patient have a legally assigned Medical Power of Attorney?
    1. If no, then proceed
  3. Does the patient have a spouse?
    1. If no, then proceed
  4. Does the patient have adult children?
    1. If no, then proceed
  5. Does the patient have parents?
    1. If no, then proceed
  6. Does the patient have siblings?
    1. If no, then proceed
  7. Does the patient have other relations?
    1. If no, then it’s a problem.

Here are some things to consider about the legal next of kin assignment:

Possible problems…

  • If you are married but separated your spouse will be appointed as the decision maker.
  • If you have a life partner (not legally married), chances are they will not be appointed to make decisions.
  • Your family will be appointed in respect to the above selection process regardless if you are estranged from any or all of your family.

On the other hand, if you execute Advance Directives…

  • You decide your own agent and inform them of the choices you want may reduce stress at a very difficult time.
  • You select an agent that you are confident will follow your instructions which keeps you in the driver seat.
  • Your appointment of an agent will protect your family from having to make life and death decisions that will affect them for a lifetime.

It is important to allow an advance care planning facilitator to guide the conversation so that you and your health care agent will be able to identify values and priorities as it relates to your health care choices. By having a facilitator that understands the intricacies of today’s health care, you can be confident that your chosen health care agent is best prepared to follow your wishes. You can schedule an appointment with GRMC’s LIFE Care program by calling 830-401-7704, or click HERE, for an English and Spanish form for more information about a Medical Power of Attorney on the Texas Health and Human Services website.

More from GRMC