A Durable Medical Power of Attorney is a legal document that allows an individual (the principal) to designate another person (the agent or attorney-in-fact) to make medical decisions on their behalf in the event that they become incapacitated and are unable to communicate their wishes regarding medical treatment.
This designation remains effective even if the principal becomes mentally or physically incapacitated, hence the term "durable." The Durable Medical Power of Attorney can specify the extent of the agent’s authority, including decisions about life-sustaining treatments, surgeries, and other medical interventions. It is important for the principal to discuss their wishes and beliefs regarding medical care with the chosen agent to ensure that the agent can make decisions that align with the principal’s values.
In Texas, the Durable Medical Power of Attorney must be signed by the principal in the presence of a notary public or witnesses. It is advisable to provide copies of the document to the designated agent, family members, and healthcare providers to ensure that the agent’s authority is recognized in medical settings.
For example, if a principal is diagnosed with a serious illness and becomes unable to express their treatment preferences, the agent designated in the Durable Medical Power of Attorney can step in to make informed decisions about the patient’s care, ensuring that the treatment aligns with the principal’s previously expressed wishes.
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