Health Care Powers of Attorney are based on a 1989 statute. They are designed so you will have a representative to make routine medical decisions if you lose the ability to make your own decisions. The law requires certain formalities to create a Health Care Power of Attorney that are not required for financial Durable Powers of Attorney. In my opinion, all three of these legal documents are a vital part of your disability plan. If you leave out any link, there is a chance that you could be forced into Guardianship court on becoming disabled.
Guardianship is slow, expensive and very intrusive.
You will be much better off and you will spend far less money if you see your attorney for the above legal documents while you are still in good health. T his column answers a specific legal question offered by an individual in the South Texas area. The answer may or may not match your individual situation. Be careful not to treat this column as specific legal advice that meets your individual needs. It may give you a solid basis for discussion with your own attorney.