Who Speaks for You When You Can't Speak for Yourself?

We've talked about protecting your home.

We've talked about protecting your money.

We've talked about who can handle your financial affairs if you're unable to do it yourself.

Now we're going to talk about something even more personal:

Who makes healthcare decisions for you if YOU can't make them?

Imagine you're hospitalized after an accident or serious illness and temporarily or permanently unable to communicate your wishes.

Your family may know what they think you would want.

But:

Who actually has authority to make healthcare decisions?

Does that person know what you want?

What treatments would you want—or not want?

These are decisions you can address before there's an emergency.

📄 TWO IMPORTANT DOCUMENTS — AND THEY ARE NOT THE SAME

Texas provides several types of advance directives.

Two that you should understand are:

🏥 MEDICAL POWER OF ATTORNEY

This allows you to designate a person to make healthcare decisions for you when you are no longer capable of making those decisions yourself.

❤️ DIRECTIVE TO PHYSICIANS & FAMILY OR SURROGATES

This is sometimes called a Living Will.

It allows you to communicate your wishes regarding certain medical treatment in advance if you later have a qualifying terminal or irreversible condition and cannot communicate those wishes yourself.

Think of it this way:

MEDICAL POWER OF ATTORNEY

➡️ WHO do I want making healthcare decisions for me?

DIRECTIVE TO PHYSICIANS / LIVING WILL

➡️ WHAT are my wishes concerning certain medical treatment?

These documents can work together.

🏥 WHAT IS A MEDICAL POWER OF ATTORNEY?

A Texas Medical Power of Attorney allows you to name someone—called your agent—to make healthcare decisions for you when you are unable to make them yourself.

Your agent is supposed to make decisions according to your wishes, including your religious and moral beliefs.

This can involve significant healthcare decisions.

But here's something extremely important:

YOUR AGENT DOESN'T AUTOMATICALLY TAKE OVER JUST BECAUSE YOU SIGN THE DOCUMENT.

You continue making your own healthcare decisions while you're capable of doing so.

The Medical Power of Attorney is designed for the situation in which you can no longer make your own healthcare decisions.

👤 WHO SHOULD I CHOOSE AS MY MEDICAL AGENT?

This decision deserves serious thought.

Don't choose someone simply because:

“That's my oldest child.”

“That's my spouse.”

“That's my closest relative.”

Choose someone you trust to follow YOUR wishes even during an emotional situation.

Ask yourself:

☐ Can this person stay calm during a medical crisis?

☐ Will this person ask doctors questions?

☐ Will this person speak up for me?

☐ Does this person understand my beliefs?

☐ Will this person follow MY wishes even if they personally disagree?

☐ Can this person handle difficult decisions?

☐ Is this someone I completely trust?

This person may someday have to speak when you cannot.

Choose carefully.

👥 SHOULD I CHOOSE BACKUP AGENTS?

YES — consider it.

What happens if your first choice:

⚰️ Dies before you

🏥 Becomes ill

📍 Cannot be reached

🚫 Is unwilling to serve

💔 Is no longer someone you trust

or simply cannot act when needed?

The Texas Medical Power of Attorney form allows you to designate alternate agents.

Think ahead.

My First Choice:

First Alternate:

Second Alternate:

🚨 SOME PEOPLE CANNOT SERVE AS YOUR AGENT

Don't assume you can name absolutely anyone.

Texas places restrictions on certain people serving as your Medical Power of Attorney agent, particularly some people involved in providing your healthcare.

Follow the eligibility instructions on the official Texas form.

If you're unsure whether the person you want to appoint is legally eligible, verify before completing the document.

🟢 CAN I COMPLETE A MEDICAL POWER OF ATTORNEY MYSELF?

YES.

Texas provides an official Medical Power of Attorney form.

You do not automatically need an attorney to complete it.

This is exactly the kind of estate-planning task that many people may be able to start themselves.

But don't just fill in a name and sign it.

Read the disclosure statement and instructions that accompany the Texas form so you understand the authority you're giving your agent.

🟡 DOES IT HAVE TO BE NOTARIZED?

Texas currently allows more than one execution option for certain advance directives.

For a Medical Power of Attorney, you may generally execute the document using the appropriate witness procedure OR the notary acknowledgment option, provided the applicable Texas requirements are followed.

That means:

You should NOT assume:

“I have to get this notarized.”

But you also shouldn't assume:

“Anybody can witness it.”

Texas places restrictions on who can serve as a qualifying witness.

EASIEST RULE:

Use the current official Texas form and follow the signing instructions printed on that form.

Do not sign first and try to figure out the requirements afterward.

👀 IF I USE WITNESSES, CAN ANYONE WITNESS IT?

No.

Texas has restrictions concerning witnesses to advance directives.

At least one qualifying witness must meet additional independence requirements.

That means you shouldn't simply grab two convenient people without reading the instructions.

Before signing:

Read the witness qualifications on the official form.

💰 DO I HAVE TO PAY SOMEONE TO CREATE THIS?

Not necessarily.

Texas provides the form.

You can read it.

You can fill in your information.

You can choose your agent.

You can discuss your wishes with that person.

You can follow the Texas signing requirements.

This can be another “DO IT YOURSELF” estate-planning item for many people.

If your situation is complicated or you don't understand the document, that's when professional assistance becomes more important.

❤️ NOW LET'S TALK ABOUT YOUR LIVING WILL

The official Texas name is:

DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES

You may also hear it called a:

Living Will

or

Advance Directive

This document allows you to provide instructions concerning certain medical treatment if you later cannot communicate your wishes and have a qualifying terminal or irreversible condition.

🤔 WHY WOULD I NEED BOTH?

Because they answer different questions.

Imagine you're unable to communicate.

Your Medical Power of Attorney says:

“THIS is the person I trust to make healthcare decisions.”

Your Directive to Physicians says:

“THESE are my wishes concerning certain life-sustaining treatment.”

Having both can give your healthcare agent, family and medical professionals more information about what you actually wanted.

❤️ THIS IS A CONVERSATION, NOT JUST A FORM

Completing the documents is important.

But there's another step that's just as important:

TALK TO THE PERSON YOU CHOOSE.

Tell them:

What matters to me?

What quality of life is acceptable to me?

How do I feel about life-sustaining treatment?

What are my religious or moral beliefs?

What would I want if recovery were extremely unlikely?

Who should be involved in discussions?

A document sitting in a drawer can't answer every question.

Your agent knowing you and your wishes can make a major difference.

📝 MY HEALTHCARE PLANNING WORKSHEET

This worksheet is NOT a legal Medical Power of Attorney or Advance Directive.

Use it to organize your thoughts before completing the official Texas documents.

ABOUT ME

Full Legal Name:

Date of Birth:

MY MEDICAL POWER OF ATTORNEY AGENT

Full Legal Name:

Relationship:

Phone:

Address:

MY FIRST ALTERNATE AGENT

Full Legal Name:

Relationship:

Phone:

MY SECOND ALTERNATE AGENT

Full Legal Name:

Phone:

🗣️ HAVE I ACTUALLY TALKED TO THEM?

☐ Yes

☐ No

☐ I need to

Does my agent know my general healthcare wishes?

☐ Yes

☐ No

☐ We need to discuss them

Does my alternate know I selected them?

☐ Yes

☐ No

❤️ MY PERSONAL WISHES

Things that are important to me regarding my medical care:

My religious, spiritual or moral beliefs that may affect medical decisions:

People I want my agent to consult when possible:

Questions I want to discuss with my doctor:

📄 WHERE DO I GET THE OFFICIAL FORMS?

Texas Health and Human Services provides official advance-directive forms.

Look for:

🏥 Medical Power of Attorney Designation of Health Care Agent

and

❤️ Directive to Physicians and Family or Surrogates (Living Will)

Use the current forms and carefully follow the instructions.

🔵 DO I FILE THESE AT THE COURTHOUSE?

Generally, these aren't documents you simply file at the courthouse after completing them.

What's more important is making sure the people who may need them can actually access them.

Consider providing copies to:

👤 Your healthcare agent

👥 Your alternate agent(s)

👨⚕️ Your physician

🏥 Appropriate healthcare providers

📂 Your secure estate-planning records

And tell the appropriate people where the documents are located.

Don't create an important healthcare document that nobody knows exists.

📱 WHAT ABOUT KEEPING A COPY ON MY PHONE?

That's a practical idea.

You may consider keeping an electronic copy somewhere you can access securely.

You can also tell your spouse, adult children or trusted person where your healthcare documents are stored.

The goal is accessibility during an emergency.

A perfectly prepared document isn't very useful if nobody can locate it.

🚑 WHAT ABOUT A DO-NOT-RESUSCITATE ORDER?

This is another document people sometimes confuse with a Living Will.

Texas has an:

OUT-OF-HOSPITAL DO-NOT-RESUSCITATE ORDER

commonly called an:

OOH-DNR

This is a different document.

It instructs emergency medical personnel and certain other healthcare professionals not to initiate or continue specified resuscitation measures in an out-of-hospital setting when the order is valid and applicable.

A Medical Power of Attorney is NOT automatically a DNR.

A Living Will is NOT automatically the same thing as an OOH-DNR.

These documents serve different purposes.

An OOH-DNR involves serious medical decisions and should be discussed with an appropriate healthcare professional.

⚠️ DON'T COMPLETE A DNR JUST BECAUSE YOU THINK EVERYONE NEEDS ONE

They don't.

The purpose of this resource isn't to tell you which medical treatments you should accept or refuse.

Those decisions belong to YOU.

The purpose is to make sure you understand that these planning tools exist so you can discuss your choices with your doctor and family.

🧠 THERE IS ALSO A DECLARATION FOR MENTAL HEALTH TREATMENT

Texas also provides a Declaration for Mental Health Treatment.

This is another specialized advance directive addressing certain mental-health treatment decisions.

It is separate from the ordinary Medical Power of Attorney.

Not everyone will need every estate-planning or advance-directive document.

The goal is to understand what's available and determine what applies to YOU.

🔴 WHEN SHOULD I GET AN ATTORNEY?

Many Texans may be able to complete the standard advance-directive forms themselves.

Consider legal assistance if:

⚠️ You don't understand the document

⚠️ You want unusual limitations placed on your agent

⚠️ Family members strongly disagree about your care

⚠️ You're concerned someone may challenge your capacity

⚠️ You have guardianship issues

⚠️ You have complicated family circumstances

⚠️ Your healthcare wishes require customized legal planning

⚠️ You're coordinating these documents with a trust or complicated estate plan

And remember:

For questions about the actual medical consequences of treatment choices, your doctor or other qualified healthcare professional may be more appropriate than an attorney.

Sometimes you need legal advice.

Sometimes you need medical advice.

Sometimes you need both.

🟢 YOUR “DO IT THIS WEEK” CHECKLIST

☐ Decide who I trust to make healthcare decisions

☐ Choose at least one alternate if appropriate

☐ Ask that person whether they are willing to serve

☐ Review the official Texas Medical Power of Attorney

☐ Review the Texas Directive to Physicians

☐ Think about my healthcare wishes

☐ Talk to my agent about those wishes

☐ Ask my doctor questions I don't understand

☐ Complete the documents that are appropriate for me

☐ Follow the witness/notary instructions exactly

☐ Give appropriate people copies

☐ Ask my doctor's office to include applicable documents in my medical record

☐ Keep my originals somewhere secure and accessible

This doesn't have to take months.

Start with one simple question:

“Who do I trust to speak for me?”

❤️ THE BIG LESSON

This isn't about giving someone control over you.

It's about keeping control over who speaks for you.

While you're able to make your own healthcare decisions, you make them.

But if a day comes when you can't communicate those decisions, planning ahead can give the people caring for you much clearer guidance.

Don't make your family guess.

Tell them what you want while you can.

➡️ NEXT: Organizing Your Important Documents

We've now created plans for:

📜 Your will

🏠 Your property

💰 Your bank accounts

📈 Your retirement and insurance beneficiaries

✍🏽 Your financial Power of Attorney

🏥 Your healthcare decisions

But there's one major problem left:

WHERE IS EVERYTHING?

Next we're going to create a Personal & Family Important Documents Organizer so the appropriate person can locate the information they need if something happens to you.

We'll organize:

📜 Estate documents

🏠 Property records

🏦 Financial institutions

🛡️ Insurance

🚗 Vehicles

🏢 Business information

👨⚕️ Medical information

📞 Important contacts

💻 Digital accounts

⚰️ Final wishes

And we'll talk about what information should NOT be left sitting around unsecured.

📄 VIEW OFFICIAL TEXAS ADVANCE DIRECTIVE FORMS

← PAGE 6: DURABLE POWER OF ATTORNEY IN TEXAS

🏠 ESTATE PLANNING HOME

PAGE 8: PERSONAL & FAMILY IMPORTANT DOCUMENTS ORGANIZER →

⚖️ IMPORTANT DISCLAIMER

This information is provided for general educational purposes only and is not legal or medical advice.

Advance directives involve significant personal, legal and healthcare decisions. Use the current official Texas forms and carefully follow their execution instructions.

Speak with a qualified healthcare professional about medical treatment decisions and obtain advice from a licensed Texas attorney when legal circumstances are complicated or you don't understand the effect of a document.

 

📄 VIEW OFFICIAL TEXAS ADVANCE DIRECTIVE FORMS