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Who Can And Can’t Be Given Medical Power Of Attorney?

By Cory Krueger — April 23, 2018 | Share This Post

Tragic instances in life can cause an individual to no longer be able to make decisions on their own behalf. Some people choose to prepare for this worst case scenario by designating someone to have medical power of attorney; however, you can’t just assign medical power attorney anyone. The power of attorney lawyers at Hensley Krueger LLP explain the intricacies of power of attorney.

When Will You Need Medical Power of Attorney?

There are many instances when a person may be unable to make decisions on their own behalf. Car accidents that leave people unconscious, mental conditions like Alzheimer’s, and being under anesthesia leave an individual incapacitated and unable to make decisions. In these instances, an individual previously granted medical power of attorney will be the decision maker. If you do not grant someone medical power of attorney, your healthcare decisions can get tied up in the legal process and take months or even years to resolve.

Who Should I Appoint?

Medical power of attorney is a huge responsibility, and you need to think carefully about whom you appoint. This needs to be someone you can trust to carry out your wishes when you are unable to. Because medical power of attorney deals with healthcare, you may be tempted to assign this duty to a doctor, but this is mostly not allowed.

Any doctors, nurses, physician assistants, or any other medical professionals like psychologists currently treating you cannot be assigned medical power of attorney over you. Additionally, you cannot assign this power to an employee of your doctor or healthcare facility. For individuals living in healthcare facilities like nursing homes, skilled care centers, psychiatric hospitals, hospice care, or any other facilities, you cannot appoint employees from these facilities as your medical power of attorney. To put it more simply, if an individual is related in any way to your care, they cannot serve as your medical power of attorney. In Texas, there are a few exceptions. Employees of your healthcare provider can be appointed medical power of attorney only if they are your relatives.

Power of Attorney Lawyers

At Hensley Krueger LLP, we understand planning for the worst case scenario is unpleasant, but not doing so can be tragic for your loved ones. Contact the Houston power of attorney lawyers at Hensley Krueger LLP today to begin your estate planning process.

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