Houston Advance Directives Attorney - Capstone Legal Strategies, PLLC

What Are Advance Directives?

Advance directives are legal documents that outline your preferences for medical care in situations where you are unable to communicate your wishes. These directives guide healthcare providers and loved ones, ensuring that your medical treatment aligns with your values and personal choices. Without a legally enforceable advance directive, critical healthcare decisions may be left to family members who may not fully understand your desires, potentially leading to disputes or unwanted medical interventions.

What Are the Types of Advance Directives?

There are several types of advance directives, each serving a distinct purpose in your healthcare planning:

Directive to Physicians (AKA Living Will): A living will is a document that details your preferences regarding life-sustaining treatments, such as mechanical ventilation, resuscitation, and artificial nutrition. It ensures that your choices regarding end-of-life care are respected even if you are unable to express them yourself.
Medical Power of Attorney: This document designates a trusted individual to make healthcare decisions on your behalf if you become incapacitated. Your chosen representative, known as a healthcare agent, will have the legal authority to communicate with medical professionals and make decisions aligned with your values and wishes.
Do Not Resuscitate (DNR) Order: A DNR order instructs medical personnel not to perform cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory failure. This directive is typically created in consultation with a physician and reflects your preferences for emergency medical treatment.
Durable Power of Attorney: A durable power of attorney is a legal document that grants someone (the agent) the authority to manage another person’s (the principal’s) financial and legal affairs. Crucially, it remains in effect even if the principal becomes incapacitated, ensuring uninterrupted management of important matters. It also may be “springing” in that it takes effect on an individual’s incapacity.

Why Are Advance Directives Important?

Advance directives offer numerous benefits, ensuring that your medical care aligns with your preferences while minimizing stress for your loved ones. Some key advantages include:

Control Over Medical Decisions: You retain autonomy over your healthcare choices, even if you are unable to communicate.
Reduced Family Burden: Your loved ones will not have to guess your wishes or make difficult decisions without clear guidance.
Avoidance of Unwanted Medical Treatments: You can specify which medical interventions you do or do not want, preventing unwanted procedures or prolonging suffering.
Legal Protection: Properly executed advance directives are legally binding in Texas, ensuring that medical professionals and institutions honor your choices.
Continued Access to Assets: Ensures that loved ones have access to bank accounts and other assets.

How Do You Create an Advance Directive in Texas?

To create a legally valid advance directive in Texas, you must follow specific state requirements. These typically include:

The document must be signed by the individual creating the directive while they are of sound mind.
It must be witnessed by two competent adults who are not the individual’s estate beneficiaries or healthcare providers.
In some cases, notarization may be required for additional legal security.

Because the language and requirements for advance directives can be complex, working with an experienced estate planning attorney is highly recommended. Capstone Legal Strategies, PLLC ensures that your documents are correctly drafted, properly executed, and fully enforceable under Texas law.

When Should You Update and Review Your Advance Directives?

Life circumstances change, and your advance directives should reflect your current wishes and medical preferences. It is essential to review and update these documents periodically, especially after major life events such as:

A significant change in health status
Marriage, divorce, or the birth of a child
Relocation to another state
Changes in relationships with your chosen healthcare agent

Our team at Capstone Legal Strategies, PLLC, can assist you in reviewing and updating your advance directives to ensure they continue to serve your best interests.

Secure Your Healthcare Wishes with Capstone Legal Strategies, PLLC

Planning for the future means taking proactive steps to protect your medical decisions and relieve your loved ones of unnecessary stress. Capstone Legal Strategies, PLLC is dedicated to helping Houston residents create comprehensive advance directives tailored to their unique needs. Our knowledgeable attorneys will guide you through every step, ensuring your legal documents are clear, enforceable, and aligned with your values.