In Texas, a person is permitted to authorize the person(s) to make health care and financial decision on his or her behalf should he or she become incapacitated. The person named is an agent given all the power and responsibility originally held by the individual. The documents necessary to effectuate this outcome are the Medical Power of Attorney and the Statutory Durable Power of Attorney. To guide the agent in making difficult medical decisions, you can also have prepared and execute a Directive to Physicians and Family, which details your thoughts and feelings about artificial life support and any other particular medical procedures that specifically concern you.

           Without powers of attorney in place, a judge (whom you have never likely met) will name your legal representative to make health care and financial decisions for you with extensive court oversight to protect assets and guarantee compliance with the court's orders. The court will require the guardian appointed to (1) post a bond equal to the value of the assets he or she manages; (2) ask permission for all expenditures or distributions; and (3) file a report summarizing doctor visits, treatments, diagnosis and prognosis on a regular basis. The process is complicated and expensive, but unnecessary with foresight and preparation.

           Powers of Attorney and Directives to Physicians can be obtained through your attorney of choice. Often, they are part of an overall estate planning package to address multiple concerns and minimize the uncertainty most families face in times of illness, injury or death. The benefits are well worth the minimal expense in time and money to get your affairs in order. The ones you leave behind will be grateful, and you can relax with greater assurance that your wishes will be known and honored.