However, an estate plan can include both a durable power of attorney and a medical power of attorney. But how do statutory durable powers of attorney and medical powers of attorney differ from one another in Texas?
What Is a Statutory Durable Power of Attorney?
Chapter 752 of the Texas Estate Code governs statutory durable powers of attorney in the state. Under the Code, a person may execute a statutory durable power of attorney to grant an agent authority over that person’s property and financial matters. The “durable” nature of a statutory durable power of attorney means that the document remains effective even if the person who signed it becomes incapacitated, unlike a standard power of attorney.
The Texas government has a form for a statutory durable power of attorney that individuals may use. The statutory form allows a person to check the specific property and financial matters they wish to empower their agent to handle. A person can authorize reimbursement of expenses and compensation for their agent and designate whether co-agents can act independently or must act unanimously or by majority vote. Finally, a person can also create a “springing” statutory durable power of attorney, which becomes effective only upon the person’s incapacity, rather than becoming effective immediately upon signing.
What Is a Medical Power of Attorney?
A medical power of attorney authorizes another person to make healthcare decisions for the individual if they cannot make or communicate those decisions. Although a person must sign a medical power of attorney while they have legal capacity, the agent’s authority only becomes effective when a physician certifies that the person who created the document has become incapacitated.
Medical powers of attorney enable agents to make various healthcare decisions, such as consent to treatment, selection of treating providers, and end-of-life care. A medical power of attorney differs from a Directive to Physicians and Family or Surrogates (commonly known as a “living will”), as the latter allows a person to put in writing their preferences regarding life-sustaining treatments for terminal conditions or injuries.
Primary Key Differences
Some of the major differences between statutory durable powers of attorney and medical powers of attorney include:
- Scope of authority: A statutory durable power of attorney gives an agent the authority to handle various property and financial matters as designated by the person who created the document. Conversely, a medical power of attorney authorizes an agent to make medical decisions on behalf of an incapacitated person.
- Triggering event: Statutory durable powers of attorney can take effect immediately (although a person can create a “springing” document), whereas medical powers of attorney take effect only when the patient becomes unable to make medical decisions.
- Selection of agent: A person may choose a professional advisor to serve as agent under a statutory durable power of attorney to handle complex property and financial affairs, whereas they will typically choose a loved one to serve as agent under a medical power of attorney.
Why You Need Both
When creating a comprehensive estate plan, you may need both a statutory durable power of attorney and a medical power of attorney to ensure that you have authorized people who handle all your affairs if you become incapacitated. Statutory durable powers of attorney cover property and financial matters, whereas a medical power of attorney specifically authorizes an agent to make medical decisions for you.
Contact Our Estate Planning Firm Today for Guidance
Contact Guest & Gray today for a free consultation with an experienced Texas estate planning lawyer to learn about the differences between statutory durable powers of attorney and medical powers of attorney in Texas and to discuss with an attorney which documents you may need to incorporate in your estate plan.
