Advance Care Directives

Advance Care Directive Attorneys in Pearland, TX

Providing Your Family With the Tools They Need for Your Future Care

Advance directives are important because no one can predict the future, and unforeseen incapacitations can leave you unable to make important healthcare decisions for yourself. In such circumstances, having an advance healthcare directive in place can ensure your medical treatment decisions are honored, providing clarity for your family members and your doctor.

Whether you are appointing someone to make healthcare decisions on your behalf or you are outlining your preferences for end-of-life care, an advance care directive is an important part of your estate planning process.

You must understand the legal framework, options available for advance care directives, and how Texas law governs this important document. Making informed decisions regarding your future healthcare is at the very core of creating comprehensive advance directives.

Whether you are just starting your estate planning or you are looking for legal support when updating your advance directives, The Hatchett Law Firm is here to offer the help you need to protect your future interests. Advance directives are only one of our many estate planning services, and we can help you with any of your estate planning needs.  Call (281) 214-6541 to speak with a member of our team and take the first step towards planning for your future.

What is an Advance Directive? 

This collection of legal documents allows you to outline your medical treatment preferences in case you become incapacitated and unable to communicate your wishes. Your healthcare providers and family will have your guidance regarding life-sustaining treatment, end-of-life care, and other medical decisions that are important to you.

In Texas, advance directives usually include the following:

  • Your living will: Living wills specify the medical care you do and do not want should you become terminally ill, temporarily or permanently incapacitated.
  • Your medical power of attorney: A medical power of attorney, also known as your healthcare proxy or agent, is a trusted individual you choose to make healthcare decisions on your behalf should you become unable to do so.

This key part of estate planning ensures your medical treatment is in alignment with your wishes. Perhaps more importantly, it eases the burden placed on your family to try and guess what you would have wanted, giving them peace of mind knowing they are honoring your wishes. It can help avoid costly medical care by instructing your healthcare provider to avoid prolonged life-sustaining treatment when there is no hope for recovery.

What Should Be Included in Your Living Will? 

A Living Will, also known as a Directive to Physicians, outlines your medical treatment preferences should you become unable to communicate. This ensures your wishes are being respected and reduces the burden placed on your loved ones.

Here are some key elements you should include in your living will:

  • Life-sustaining treatment preferences: Outline which treatments you are comfortable with receiving, such as being placed on a ventilator, dialysis, or a feeding tube. CPR can be an incredibly damaging, traumatizing process. Are you comfortable with being resuscitated? Would you like to avoid it?
  • When your advance directive goes into effect: Define when your directive takes effect, such as in the case of a terminal illness or irreversible unconsciousness. This allows you to maintain control of your medical decisions when you are healthy and able.
  • Pain management and comfort care: Outline your preferences regarding pain relief and palliative care. Avoid emotional or vague language. For example, instead of saying, “Please make sure I am comfortable,” say, “I would like to receive palliative care as part of my end-of-life care.”
  • Organ and tissue donation: Do you want to donate your organs or tissues after your death? Specify your preferences, including the purposes for which your organs and tissue will be used, such as transplant or medical research.
  • Signature and witnesses: Your living will must be signed in the presence of two witnesses or a notary public.

Your well-prepared Living Will offers clear guidance for your family and doctor, ensuring your medical care always aligns with your values, even when you are not able to voice your preferences.

Our experienced estate planning attorneys can assist with the creation of your Living Will, ensuring it is legally binding, covers your unique circumstances, and provides peace of mind for your family members. Take the first step towards ensuring your wishes are being honored by calling (281) 214-6541 to get started today with The Hatchett Law Firm.

What is a Medical Power of Attorney? 

A medical power of attorney (MPOA) is a legal document that allows you to appoint someone to make medical decisions on your behalf should you become incapacitated. This ensures your medical treatment aligns with your wishes, even when you are unable to communicate them yourself.

The person you choose to represent you is called your healthcare proxy or agent. Your agent will only step in at your physician’s discretion should they certify you are not capable of making medical decisions. Until then, you maintain full control over your health choices. Your agent will be able to make all treatment decisions unless you set limitations in the document.

Who Should You Choose to Represent You? 

It is important to pick someone you trust with your important healthcare decisions. They should understand your values and medical preferences. They should be able to make hard decisions under pressure, and they should be willing and able to act on your behalf when needed.

Having a medical power of attorney as part of your estate plan will ensure your healthcare wishes are being honored while lessening the burden on your family.  When choosing a healthcare agent, people commonly choose their spouse, an adult child, a close friend, or another trusted family member. To avoid a conflict of interest, Texas law prohibits your physician or healthcare provider from serving as your medical power of attorney unless they are a close relative.

Your agent will be able to approve or decline treatment, choose a healthcare provider or facility, and make end-of-life decisions, including life-sustaining treatment. They will also have complete access to your medical records, allowing them to make informed decisions for you.

 Do You Need an Advance Directive Attorney? 

Are you struggling to pick someone who has your well-being in mind to act as your medical power of attorney? Do you understand the comprehensive range of medical decisions that are included in your living will, and do you not know where to start?

The Hatchett Law Firm can help you with these issues and other estate planning services you may need. We want to create a stress-free pathway for you to keep control of your health. With proper planning and a little Texas know-how, we will create a document that covers all the bases.

Contact us at (281) 214-6541 to speak with a member of our team and find out why our clients love us!