Legal tools

  3 min read

Below are some legal tools that I often prepare with clients to help them accomplish their desired outcomes with respect to their healthcare and end-of-life concerns. Now these forms and documents are Texas-specific. While there is often overlap or comparable documents in other states, I highly recommend you discuss with an attorney licensed in your jurisdiction to see what tools will best help you protect your values and wishes.

• Medical Power of Attorney (MPOA): This document only becomes effective upon your incapacity. It allows you to appoint a trusted person, known as a healthcare agent or proxy, to make healthcare decisions on your behalf if you become unable to do so. You should trust the appointed agent to act in accordance with your wishes and values, as well as consult with healthcare providers to make informed decisions.

• HIPAA Release: The MPOA will automatically grant your agent access to your medical records, but if you want to provide your agent the ability to access your medical records and discuss with your condition and treatment options with the medical team independently while you still have capacity, you may want to consider granting them this privilege now, using the HIPAA release.

• Directive to Physicians and Family or Surrogates (also commonly called a Living Will): This form allows you to take certain decisions out of the hands of your agent, and memorialize your preference with respect to treatment in the event that you are:

  • terminally ill (expected to die within 6 months), or
  • If you are in an irreversible condition from which you will not recover, and would die without life-sustaining treatment (i.e. coma or other vegetative state)

  You can select your preference in both of these instances on whether to continue receiving life-sustaining treatment or whether you would prefer to be allowed to pass away naturally while being made comfortable.

• Designation of Guardianship in the Event of Later Incapacity: This is a document you can execute that allows you to designate who you would want to be your Guardian in the event a court determines that you have lost capacity to care or make decisions for yourself. A Guardianship is usually avoidable if proper estate planning has been done, but is sometimes still necessary, especially if there is a dispute among family members regarding medical treatment or allocation of financial resources.

• Declaration of Appointment of Guardian for Children in the Event of Death or Incapacity: The primary function of this declaration is to formally designate an individual who you trust to take care of your minor children if you, as a parent or legal guardian, die or are incapacitated. This appointment ensures that your children will have a stable and responsible caregiver in the event of unforeseen circumstances.

• Appointment of Agent to Control Disposition of Remains: This form, upon your death, lets you designate who you want to manage your body with respect to burial, cremation, and funeral arrangements. Here, you can also dictate your specific wishes regarding these items.

• Out-of-Hospital Do-Not-Resuscitate Order (OOH-DNR): This is typically done not with an attorney, but with a healthcare team before someone is placed in hospice. This form instructs emergency medical personnel and other health care professionals to forgo resuscitation attempts and to permit the patient to have a natural death with peace and dignity.

This section is to make you aware of some of the forms that an attorney might discuss with you to help you accomplish and protect your wishes with respect to end-of-life care and funeral arrangements. THIS IS NOT LEGAL ADVICE. Please consult with an attorney regarding your own situation – only an attorney with all of the relevant facts can properly advise you regarding your situation.