What are Powers of Attorney and Advance Directives

A Power of Attorney gives someone you trust and appoint the ability to act on your behalf. There are three basic types of Powers of Attorney: Statutory Durable Powers of Attorney, Limited Powers of Attorney, and Medical Powers of Attorney. Each serves a unique purpose.

Advance Directives deal primarily with medical and other care-related issues and allow you to make the decisions regarding such issues prior to the time when you no longer have the capacity to do so.

Medical Powers of Attorney are the most commonly known of the documents referred to as Advance Directives. Medical Powers of Attorney and all other Advance Directives make your wishes and intent known and direct that such wishes be carried out when you can no longer make decisions or express your wishes. Drafting Advance Directives generally eliminates the need for court intervention and/or guardianship to provide for your care when you can no longer provide for yourself. Having a Medical Power of Attorney in place prior to needing it takes the guesswork out of making important medical decisions for family and loved ones.

Other types of Advance Directives include what is commonly referred to as a Living Will (the document that Terry Schivo did not have), a HIPAA Authorization or Release, Do Not Resuscitate Orders (for in and out of the hospital), Appointment of Agent to Control Disposition of Remains, and Organ Donation forms. Designations of a Guardian for yourself or your children are other Advance Directives.

Texas law dictates that a Statutory Durable Power of Attorney, a Medical Power of Attorney and all Advance Directives contain specific language. Therefore, it is very important that you have a knowledgeable attorney draft these crucial documents so that they meet the legal requirements.

We invite you to contact us for a consultation. Call Garg & Associates, PC at 281-362-2865 or complete our contact form.

firm info  |  practice areas  |  articles  |  faqs  |  blog  |  contact us  |  Site Map  |  resources  |   Find us on Google+   |   Log in

Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.