Search Site
Menu
Estate Planning for Life Part II – Medical Power of Attorney

When most people think of estate planning they typically think wills, trusts and death.  However, the actuality is that one of the major focuses of good estate planning is for incapacity during a client’s lifetime.  In the previous Part I of this series, I outlined the purpose and benefits of a Financial Power of Attorney.  Another document with a very similar purpose is a Medical Power of Attorney.

In general, a power of attorney is an instrument by which one person (the principal) grants to another (the agent) the power to perform certain acts on his or her behalf.  A Medical Power of Attorney in particular grants authority to a designated agent to make health care decisions for a principal if that principal is unable to make decisions for themselves.

The agent may only make these decisions if the principal’s attending physician certifies in writing that the principal lacks capacity to make their own health care decisions.  The document is effective immediately unless it contains a specific termination date or the princpal revokes the document.  The principal can revoke the power of attorney at any time, orally or in writing, which is a major point that I make to my client’s who are concerned about granting these decision making powers to another person.  In addition, an agent cannot consent to any of the following items:  (i) commitment to a mental institution; (ii) convlusive treatment; (iii) psychosurgery; (iv) abortion or (v) removal of comfort care.

Every person has the potential during their lifetime to be seriously injured, ill, or otherwise unable to make decisions regarding health care.  A Medical Power of Attorney is so useful because the agent can choose the person with similar values and that they feel would make the decision they would in that situation.  In addition it can minimize the potential for conflict between family members who have different opinions which makes this a key component in estate planning.

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2019

    The Strong Firm represents borrower in $42.3 million HUD construction loan for multifamily real estate development in Walton County, Florida.

    Read More
  • Spring 2019

    The Strong Firm acts as legal counsel for borrower in $32.1 million HUD construction loan for multifamily real estate development in Conroe, Texas.

    Read More
  • Spring 2019

    The Strong Firm aids borrower in $31.7 million HUD construction loan for multifamily real estate development in Nueces County, Texas.

    Read More
  • Spring 2019

    The Strong Firm represents borrower in the refinancing of a $3.57 million commercial mortgage-backed security for a commercial office facility in Montgomery County, Texas.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2019 Award

Recent Blog Posts

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the Bankruptcy Provisions Therein

Last Friday, Congress passed and President Trump executed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act” of “Stimulus Bill”) granting a significant and admirable level of support to the U.S. economy that has been left reeling by the one-two punch of the COVID-19 pandemic and OPEC’s… posturing.  While
Read More
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) and the Bankruptcy Provisions Therein

Combating Consumer Scams Amid COVID-19

As Texans, we have weathered our share of crises and disaster, although, here in southeast Texas, it’s usually in the form of a hurricane. Times of crisis and uncertainty, such as the current COVID-19 outbreak, tend to bring out not only the very best in people, but also the very
Read More
Combating Consumer Scams Amid COVID-19

Considerations for Commercial Property Owners and COVID-19

The novel coronavirus (COVID-19) has wreaked havoc on the world and our nation, casting widespread uncertainty and hardship in seemingly every corner of the economy. With many commercial tenants in dire financial straits – particularly those who rely upon customer interaction (i.e. retail, restaurant, and entertainment) – commercial landlords are
Read More
Considerations for Commercial Property Owners and COVID-19

Small Business Owner’s Guide to the CARES Act

The U.S. Senate Committee on Small Business & Entrepreneurship has put together the below summary of programs and assistance available to small business owners and certain nonprofit organizations through the Small Business Administration (“SBA”) under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”).  The following information is current
Read More
Small Business Owner’s Guide to the CARES Act
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.

Pay Retainer Online

Use our easy-to-use and secure online payment feature.
We accept all major credit cards.

Pay Your Retainer

Contact us

Quick Contact Form