Estate Planning Lawyer: Understanding Healthcare Directives in Texas

(903) 757-3331

No one likes to think about failing health or medical emergencies or end of life, but it's a reality. An accident can happen any day. You could be diagnosed with a terminal illness. If you do not have a plan established on end-of-life care or medical treatment preferences for when you are incapacitated and cannot speak for yourself, decisions will have to be made by family members. That can be a major source of unnecessary and largely avoidable distress, in-fighting and guilt. You don't want that. 

At Adams, King, & Smith, our healthcare directive lawyer in Texas can go over these sensitive matters with you and help you devise a healthcare directive that mirrors your values and beliefs. Contact us at (903) 757-3331 or online schedule a FREE CONSULTATION FOR WILLS, PROBATE OF A WILL, OR ESTATE PLANNING TO INCLUDE TRUSTS and DIRECTIVES TO PHYSICIANS to learn more. In the meantime, below is a guide to healthcare directives that address common issues and questions that many of our clients have before coming to see us.

What Can Healthcare Directives Do in Texas?

Healthcare directives, also known as advance directives, are a set of legal documents regarding medical instructions for what to do when someone is unable to make important medical decisions on their own. 

The underlying function of an advance directive is to make a patient's healthcare wishes known or to appoint someone to make medical decisions on their behalf before the medical issues arise. Some examples of healthcare directives include:

  • Directive to Physicians sometimes known as Living wills
  • Organ donor registration
  • Designation of an agent under a medical power of attorney,  to make medical decisions on the patient's behalf

In sum, healthcare directives do a lot – they help your family  or loved ones in  making healthcare decisions for you when you no longer can, they save them from some of the emotional pain and uncertainty, and they help ensure your medical treatment preferences so that care you do not want is not provided while care you want is provided.

Creating Healthcare Directives in Texas

You can talk to your doctor about these, and you can speak to an attorney to make sure you have legally valid documents.

In any event, upon creating a healthcare directive, you should:

  1. Keep the originals in a safe, accessible place.
  2. Provide a copy to your doctor, health care agent, attorney, and/or loved ones.
  3. Be sure to log who has a copy of the directive so in case one is lost, you have a backup.
  4. Talk to family members about the decisions you made and medical care decisions you want in the advance directives. It's good to establish boundaries and an understanding of your preferences.
  5. Perhaps keep a copy with you or a note where a copy may be found––this could be important for unexpected emergencies.

Changing Advance Directives in Texas

Every few years, you should review your advance directives and make changes accordingly. This is true for all your estate plan documents. There are two events that particularly prompt a need for an update: 

  1. A new diagnosis, a terminal illness or disease that will alter your way of life; and
  2. Marriage or divorce or significant life changes of  you or your agent i.e., you may want to change who you appoint as your healthcare agent.

The Benefits of Having Healthcare Directives as Part of an Estate Plan in Texas

Creating healthcare directives is not something that people like to think about––most people do not want to plan for serious medical problems. However, even young and healthy people stand to benefit from having a healthcare directive in place. Accidents happen.

Like an insurance policy, a healthcare directive helps in a time of need, foreseeable or not. It also drastically reduces confusion, distress and anxiety  at a moment when calm and prompt decisions need to be made. It can also remove the uncertainty and guilt that your family or loved ones experience when they have to make important, sometimes life and death,  medical decisions on your behalf.

Contact a Healthcare Directive Lawyer in Longview Today

Planning for your future health care is an important part of your estate plan. It is not something to be avoided. Peace comes with preparation. At Adams, King, & Smith, our estate planning lawyer will walk you through the steps of healthcare directives and all other components of an estate plan that suit your needs and wants. Contact us either by using the online form or calling us directly at (903) 757-3331 to schedule a FREE CONSULTATION FOR WILLS, PROBATE OF A WILL, OR ESTATE PLANNING TO INCLUDE TRUSTS  and HEALTHCARE DIRECTIVES today.

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