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Advanced Planning: Legal Basics For Texas Seniors

 
     
   
   
   

Like most seniors, older Texans have strong feelings about the care they hope to receive during the last stages of their lives. Advanced care planning is a way to record their individual values and wishes are so that they are recognized and honored by their families and other persons close to them, as well as by their health care providers.

Advanced planning is not just for those over age 65. Accidents and serious illness can happen at any age.

Many seniors no longer have a spouse or close family member to speak for them if they can't speak for themselves. Often, even when family members are available, they have no real idea about their older loved one's wishes. Researchers say that more than half the time spouses have guessed wrong about what their husbands or wives would want.

Every adult can insure that if they become incapacitated and are unable to speak for themselves, someone they know and trust will be able to direct their health care and make sure that essential business is taken care of. 

The best advanced planning involves two steps: The first step is to decide what you would want in various situations. As predicting the future is impossible, think in general about what quality of life would be important according to your own personal beliefs and values. The second step is to communicate your wishes to the people who are important in your life, both by talking with them and by putting your wishes in writing.

Consider carefully who would be best able to carry out your wishes. The son, daughter or spouse closest to you is not always the best choice if that person is not sympathetic to your wishes and willing to speak out forcefully on your behalf if necessary.

Advanced directives are the actual documents we use to "put our wishes in writing." There are four Advanced Directive documents in Texas for recording wishes about our future care. These are the Texas Directive to Physicians, Families or Surrogates, the Medical Power of Attorney, and the Out of Hospital Do Not Resuscitate (DNR).

The Durable Power of Attorney designates someone to act on your behalf in making legal and financial decisions. Powers of Attorney can be very specific or very broad about the authority granted. For instance, a spouse can be given Power of Attorney to sell a house or automobile if the other spouse will be away. Or the document can grant full authority to the appointed person to handle any and all financial affairs.

A Durable Power of Attorney granting someone the authority to handle all your financial affairs if you become unable to manage them yourself should ideally be prepared by an attorney. You will want to be certain that there are specific criteria that must be met before authority is given to your appointee. You will also want to be certain that your appointee has the necessary flexibility to handle unexpected events.


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