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By Anthony Choueifati
Managing Attorney

Advance directives are a critical component of a well-balanced estate plan. These documents allow an individual to direct and control their desired medical treatment ahead of time if ever the time comes when they are unable to communicate their preferences. There are several different types of advance directives that serve various purposes, depending on the exact needs of the individual. To learn more about these tools and how they can benefit both you and your family, talk to the estate planning team at Capstone Legal Strategies.

Why Do I Need an Advance Directive?

You may have already begun your estate plan by executing a last will and testament. Perhaps you even have a power of attorney in place. Although these instruments are something everyone should have, they are insufficient to address one’s medical care in an emergency situation, particularly one in which an individual cannot make decisions for themselves. A will, for instance, is not even used until after a person dies and only to the extent of dispensing with their property. Meanwhile, a standard power of attorney only addresses financial or property interests.

The advance directive exists because there may come a point in someone’s life when they can no longer communicate with others about their medical needs or choices. Some of these could include mental health and end-of-life care, which is why several different types of advance directives are available in Texas. Without having one of these documents in place, you may leave certain difficult decisions in the hands of your relatives (who may not agree with one another on the right steps to take) or a judge (who will never know as well as you do the best choices to make for your health).

Choosing the Advance Directives You Need

You have several different options for drafting and executing the advance directives that are necessary to cover an array of medical needs and decisions. These are a few examples:

  • Living will: Also known in Texas as a Directive to Physicians and Family or Surrogates, this document allows someone to communicate their wishes regarding medical treatment in the event the person becomes sick, incapacitated, or incompetent to make such decisions for themselves. These may include so-called life-sustaining treatments such as ventilation, artificial hydration, and more.
  • Medical power of attorney: A power of attorney allows a person to designate an agent to make medical decisions on their behalf if they cannot do so for themselves. The document can spell out any limitations that the principal (the person executing the document) wishes to impose upon the agent. Another name that is often used to describe this document is a healthcare proxy.
  • Declaration for Mental Health Treatment: You may use this instrument to decide your mental health treatment, specifically concerning psychoactive medication, convulsive therapy, and emergency mental health treatment. You must be incapacitated, and therefore unable to make treatment decisions for yourself, before this document is activated.
  • Do-Not-Resuscitate Order: This form tells emergency medical personnel and other healthcare providers to not resuscitate an individual who has entered a state of unconsciousness or apparent death. In other words, it allows the person to die with dignity. However, this document does not affect whether the individual should be provided with other emergency care, such as comfort care.

Helping You Meet Your Estate Planning Objectives

With the right legal tools in place, you can live life with confidence that unexpected events affecting your health will be handled in a manner that you would choose. Call Capstone Legal Strategies today to begin drafting your advance directives and other estate planning documents.

About the Author
Anthony Choueifati graduated from the University of Houston with a B.A. in Psychology in 2002 and from South Texas College of Law, receiving his Juris Doctorate in 2005. His 19+ years of experience plays a significant role in advising clients, whether that involves forming business entities, complex partnership agreements, contract drafting and negotiation, estate planning, or mergers and acquisitions. Anthony enjoys meeting business owners of all types and strives to form long-lasting relationships with his clients. Anthony is married, has two children, and enjoys golf and traveling.