As a minor, your child does not have the authority to make their own medical or financial decisions. You act as their representative in these matters until they turn 18. In Texas, once your child reaches adulthood, you no longer have the legal authority to make those decisions for them. However, if they are involved in a severe accident, you may still want to obtain information about their condition and consent to medical treatments on their behalf. We can guide you through the most important considerations for securing powers of attorney for your adult child.
When it comes to safeguarding your child’s well-being, having a medical power of attorney is crucial. At The Law Office of Whitney L. Thompson, PLLC, our experienced Houston estate planning attorneys can help parents obtain a medical power of attorney, providing you the legal authority to access critical medical information and make informed decisions on behalf of your adult child. Contact us today at (281) 214-0173 to schedule a consultation.
Why You Should Request Powers of Attorney (POAs) For Your Adult Child
While you cannot make medical decisions for your adult child, you should obtain power of attorney privileges for yourself. In the unfortunate case that they get into an accident and are left unconscious or incapacitated, you want to be able to make the right choice for them.
However, because of HIPAA (Health Insurance Portability and Accountability Act of 1996), health care professionals are legally obligated to withhold medical information from you. Unless your child signs a HIPAA authorization naming you as a recipient, you will not be able to find out any information about their condition.
According to the U.S. Department of Health Services, personal representatives have the authority “to make health care decisions for a patient.” Under HIPAA, obtaining medical POAs can make you, your spouse, or other guardians personal representatives.
If your child is married, their spouse will likely wish to obtain powers of attorney to make decisions regarding their health. But in the case that they are separated, unmarried, or divorced, they may want you to be their representative.
Understanding Texas Medical POA Guidelines
A Texas medical power of attorney (POA) allows individuals to designate someone to make healthcare decisions if they become unable to do so. To establish a medical POA, the principal must be at least 18 years old and mentally capable at the time of signing. The document must be in writing, dated, and signed by the principal or someone authorized to sign on their behalf.
For the medical POA to be valid, two adult witnesses are required. At least one of these witnesses cannot be the agent, a relative of the principal by blood, marriage, or adoption, or an employee of the principal’s healthcare provider. These rules help maintain impartiality in the document’s execution.
Once properly executed, the medical POA remains inactive until the principal becomes incapacitated and the agent is notified. However, the principal retains the ability to revoke the medical POA at any time, even after it has been activated. This revocation power allows the principal to regain control over healthcare decisions whenever they regain mental competence.
Texas law provides clarity and structure in the creation of a medical POA, helping individuals plan for unforeseen circumstances while maintaining autonomy. Following the prescribed steps accurately is essential for the document to serve its purpose effectively.
What Happens if Your Child Does Not Have Anyone as a Power of Attorney?
If your child becomes incapacitated without anyone acting as a power of attorney, Texas law dictates that another adult or group of adults can make medical decisions for them. In order of priority, that adult or group can be:
- A spouse
- An adult child (if they are legally allowed to be the sole decision-maker)
- All of a patient’s adult children
- A patient’s parents
The reality is that family situations can often be tricky. For instance, if your child does not want an estranged spouse or parent to be involved in their medical situation, they must make their desire legally binding and get help from a licensed attorney.
| Medical Decision Making for Incapacitated Children (in Order of Priority) | Description |
|---|---|
| Spouse | A spouse can make medical decisions for the incapacitated child. |
| Adult Child | An adult child can be the sole decision-maker if they are legally allowed. |
| All Adult Children | If there are multiple adult children, they can collectively make medical decisions. |
| Parents | The parents of the incapacitated child can make medical decisions. |
Temporary Medical Power of Attorney
A temporary medical power of attorney, also referred to as a temporary healthcare power of attorney, empowers another individual (the agent) the authority to make medical decisions on behalf of the person creating the power of attorney (the principal) when the principal is unable to do so due to physical or mental incapacity. This legal document is utilized when the principal faces temporary difficulties in communication or decision-making, such as under anesthesia or during a temporary loss of consciousness. The agent’s authority takes effect when the principal becomes incapable and ends when the principal regains the ability to make decisions.
The principal can grant the agent the power to select among available medical treatments, authorize or refuse treatment in the event of a terminal illness. The temporary medical power of attorney can be prepared before any illness or medical emergency arises, enabling the designated person to make decisions for a specific duration of time or in specific situations. Any competent adult has the right to establish a temporary medical power of attorney.
It is important to consult with a Houston estate planning attorney familiar with Texas law to ensure that the temporary medical power of attorney is drafted and executed correctly and that it meets your specific needs and circumstances. Contact us at The Law Office of Whitney L. Thompson, PLLC today for guidance and assistance in preparing your temporary medical power of attorney.
Become Your Child’s Power of Attorney
When acquiring a power of attorney (POA) for your child, it’s crucial to prepare your documents correctly to ensure that every applicable institution, such as a hospital or clinic, will accept them.
Your situation may also require special considerations. For instance, if your child lives in a different state, additional steps may be needed to confirm that you have POA in that region.
Without these steps, you may not be able to obtain medical information or consent to treatment for your child.
This process requires the knowledge and experience of a skilled Houston estate planning attorney. Don’t gamble with your child’s health or well-being. Contact The Law Office of Whitney L. Thompson, PLLC today at (281) 214-0173 to schedule a consultation.
from The Law Office of Whitney L. Thompson, PLLC https://www.wthompsonlaw.com/should-you-obtain-a-medical-power-of-attorney-for-your-childs-health-care-decisions/
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