Some of the most important documents in your estate plan are intended to be used while you’re still alive. One of these in Texas is called the Medical Power of Attorney Designation of Health Care Agent (MPOA). This is the document where you name the person you’re giving the authority to make medical decisions on your behalf if you can’t make them yourself.
Along with an MPOA, you should have an advance directive (also known as a living will) in which you detail things like under what circumstances you want life-prolonging care continued if there’s no chance of recovering brain functionality or consciousness. Typically, people instruct their health care agent to follow their living will and use their best judgment in any situation that’s not covered.
That’s why the choice of a health care agent is critical. Most people choose their spouse or one or an adult child. Your chosen health care agent doesn’t have to be a family member. However, it’s important to choose at least one alternate in case your chosen agent isn’t available or has been injured or killed in the same event, for example.
What qualities should you look for?
Your chosen agent doesn’t have to be a relative. They should, however, be someone who understands your beliefs and values. They don’t necessarily have to agree with them, as long as they’re comfortable with advocating for them on your behalf.
It’s also crucial to choose someone who can function well and stay calm under pressure. You want someone who can take in a lot of information and make sound decisions – sometimes very quickly.
You want someone who isn’t afraid to stand up to doctors, if necessary, as well as family members who may disagree with your choices or their decisions. However, you need someone who can still be sympathetic and respectful.
What to do after you’ve made your decision
It’s crucial to discuss things with your intended agent (and alternates) before you codify anything. You might want to let them read your living will so they can clarify any questions they might have. It’s also best to let others who might expect to have this role know of your decision, the reasons behind it and your expectations that they’ll respect that person’s decisions.
It’s not enough just to ask someone to take on this role. It’s necessary to codify your wishes in a living will and an MPOA. With experienced estate planning guidance, you can help ensure that you’ve made the right decisions for you and taken the necessary steps to avoid legal confusion or unnecessary conflict.
