Mr. Heidenheimer helps people like yourself who need a will, a will probated, a power of attorney for financial affairs, or a medical power of attorney for healthcare decisions. Below are "Frequently Asked Questions" about these issues.

Q: Do I need a will?

Q: I don't want to remain in a vegetative state at the hospital which requires continuous life support in order to live. What can I do?

Q: If I am in a vegetative state at the hospital which requires continuous life support in order to live, I want to stay on life support. Do I still need a medical power of attorney for healthcare decisions?

Q: Does Texas Probate Law recognize a "Living Will"?

Q: I have a general power of attorney. Is this sufficient for the person I have designated to make healthcare decisions for me?

Q: What is a general power of attorney?

 

 

Answer:

The answer is almost always "Yes".

If you own any property of substantial monetary value or of significant sentimental value, and you care who gets it, then you need a will.

Additionally, if you have minor children, then you always need a will, because should you and your spouse both predecease them, a will specifies who you want to be guardian of your minor children and guardian of the property that you leave in your will to your children.

A will gives you the ability to control the outcome of these events after your death.

Answer:

You can execute a medical power of attorney for healthcare decisions and a physician's directive to avoid this situation.

The medical power of attorney for healthcare decisions names a person or persons, who you specifically designate, to make decisions about "pulling the plug", as well as all other healthcare decisions after you are no longer able to make these decisions for yourself.

A physician's directive instructs your doctor about your wishes concerning whether or not to remain on life support indefinitely.

Answer:

Yes. By executing a medical power of attorney for healthcare decisions, you designate a specific person or persons to make all healthcare decisions for you after you are no longer able to make these decisions yourself.

By selecting someone you trust and to whom you have expressed your desire to stay on life support, that designated person will have the legal authority to keep you on life support.

Additionally a physician's directive instructs your doctor about your wishes concerning whether to remain on life support.

Answer:

No. Texas Probate Law does not recognize the term "Living Will". This is a term that refers to instructions regarding whether or not to be kept on life support indefinitely.

However Texas Probate Law does provide a solution to this dilemma through a medical power of attorney for healthcare decisions and through a physician's directive.

A medical power of attorney allows you to designate a person or persons to make all healthcare decisions for you, including whether to keep you on life support indefinitely, after you are no longer able to make these decisions for yourself. A physician's directive instructs your doctor about your wishes concerning whether or not to be kept on life support indefinitely.

Answer:

No. Texas law requires a medical power of attorney for healthcare decisions in order for someone, other than yourself, to make any healthcare decisions for you.

Any other type of power of attorney fails to provide the legal authority for someone to make healthcare decisions for you, after you are no longer able to make these decisions for yourself.

Answer:

A general power of attorney names a person or persons, who you specifically designate, to make decisions about your financial affairs and property, after you are no longer able to make these decisions for yourself. Your general power of attorney can give your designee unrestricted authority or restricted authority, depending upon how it is worded.

A general power of attorney provides authority regarding financial affairs and property; however as explained in the answer to the question above, a general power of attorney does not provide authority to make healthcare decisions for you.