Advance Healthcare Directives Attorney in Greenville, TX

Assisting Clients With Advance Care Planning Needs

Planning for your future involves more than just your physical property and assets. It should also include decisions about your medical care if you are ever incapacitated. Advance directives do just that, providing doctors and other health care professionals with your wishes for treatment and your loved ones with peace of mind that the right decisions are being made.

Having the relevant advance directives in place is an integral part of your estate plan. Find out what documents apply to your situation and have them drafted by an experienced attorney when you contact The Council Firm, PLLC, at 903-494-3380. A member of our team will sit down with you to determine your needs and explain how each directive works so you can ensure your wishes are clearly outlined for your loved ones.

What Are the Different Types of Advance Healthcare Directives?

An advance directive is a legal document that explains your wishes for a specific situation if you cannot communicate them or make decisions for yourself. Advance healthcare directives, specifically, deal with healthcare decisions, medical treatment, and end-of-life care. Texas law recognizes several advance healthcare directives, and the following are some of the most common ones to have in place.

Living Will

A living will, also known as a Directive to Physicians and Family or Surrogates, outlines your wishes regarding medical treatment if you are unable to make those decisions yourself. It generally covers wishes regarding end-of-life care for conditions that health care professionals deem either terminal or irreversible. For example, if someone is in a car accident and the doctor determines they are in a permanent vegetative state, a living will may specify that they don’t want to be placed on a feeding tube or ventilator and that they want comfort measures. A living will may also include decisions, such as whether someone wishes to be an organ donor.

Medical Power of Attorney

A medical power of attorney is a legal document that designates someone, known as the healthcare agent, to make decisions regarding your care if you are incapacitated. This can include end-of-life care, but it often gives the agent broader decision-making power. Suppose someone is under anesthesia for surgery, and a complication arises. Someone who has medical power of attorney can talk with the doctors and make a decision on how to proceed if there are multiple options.

Declaration for Mental Health Treatment

A Declaration for Mental Health Treatment is an advance healthcare directive that explicitly addresses mental health treatment, including whether you wish to have convulsive therapy, which types of psychoactive medication you prefer, and any instructions for emergency mental health treatment. It’s important to note that a Declaration for Mental Health Treatment only goes into effect after medical professionals, such as a psychiatrist, deem that you are incapacitated for the sake of making your own decisions. In some cases, the court may also need to make this determination with the assistance of your care team.

Out-of-Hospital Do-Not-Resuscitate Order

While a living will can outline your wishes to forgo resuscitation attempts if you are in the hospital or receiving end-of-life care, you may need a separate document for emergency medical personnel outside of this setting. An out-of-hospital do-not-resuscitate order provides instructions to EMTs or other professionals that you wish to have a natural death. However, it does not stop you from getting comfort care or other emergency care if you are injured or fall ill.

Why Is It Important to Have Advanced Healthcare Directives?

When someone is incapacitated, whether due to an accident or a disease such as Alzheimer’s or dementia, it can be an incredibly difficult situation for family members to navigate. Healthcare providers often have multiple choices when it comes to treatment and care, and having advance directives in place means your loved ones don’t have to live with uncertainty about what you may have wanted or have the burden of making those decisions. Having the appropriate advance directives also ensures that your wishes regarding any treatments that may conflict with your religious and moral beliefs are known.

Advance healthcare directives can also prevent conflicts between loved ones and ensure that the courts don’t need to get involved if there are disputes about who gets to make decisions about your care. Without an advance directive, Texas law generally allows a spouse to make medical decisions or, if the person is not married, any adult children. However, it’s not uncommon for loved ones to disagree about major medical decisions. Advance directives make this process much simpler and ensure that your loved ones can focus on caring for themselves and each other during these understandably difficult times.

Can Advance Directives Be Changed?

Many people are concerned about putting their wishes in writing because they may want to change their minds. For example, someone may want full resuscitation attempts when they are a young parent, but be ready for a natural death once they are in their senior years. Fortunately, an advance directive can be altered or revoked at any point as long as you are still mentally competent.

If you want to update a directive, an attorney can help with making the changes. However, if you want to revoke a directive entirely, this requires a specific procedure. In most cases, you will either have to destroy the original document or formally revoke it with a signed statement.

What Happens If You Don’t Have Advance Directives in Place?

Health care directives serve an important role in providing a framework for medical personnel and your family members to make decisions about your care. Without these documents in place, it can open the door for family disputes and potentially delay care while the court decides who should be making decisions.

If you don’t already have advance directives in place, the first step is to contact The Council Firm, PLLC, at 903-494-3380. We can evaluate your needs and suggest a plan that ensures your wishes are known and there are procedures in place so that decisions can be made for you if you’re unable to make them yourself. Call today to schedule an appointment to speak with an attorney.