Page 73 - Senior Link Magazine Fall 2023 - Online Magazine

SENIOR RESOURCES

another word for agent. Indeed, members and close friends to documents that might be relevant
the agent is not really “in charge” speak with medical providers in particular cases. Hopefully, the
of the principal or the principal’s and obtain the principal’s information provided here negates
estate; rather the agent serves the medical information. Another some of the “reasons” for putting
principal by taking care of the useful feature of the Release is off getting them done. It is never
principal’s financial matters and that it is valid for two years after too early after you turn eighteen,
property honestly and diligently the principal dies, even though and it is never too late until it is.
as necessary for, or directed by, powers of attorney are void as Now is a good time.
the principal. Importantly, the soon as the principal dies.
power of attorney ceases when the As a final note, all the documents
principal dies (or revokes it). Finally, Texas does not have a mentioned here and many
living wills statute—instead, the more may be found online, but
A Medical Power of Attorney state has an Advance Directives generally, you get what you pay
grants an agent the authority to statute covering four advance for. In many cases, they may be
make medical decisions for the directives: the state’s Medical better than nothing although that
principal, but only if the principal Power of Attorney, Directive is a pretty low standard; self-help
does not have the mental capacity to Physicians and Family or often works right up until it does
to do so. As with any other power Surrogates, and in-hospital not. A safer course is to visit a
of attorney, the agent does not and out-of-hospital Do Not competent attorney and get these
have any authority over the Resuscitate orders. The last two documents done right to start
principal, only the authority to are not discussed here, but the with.
make a decision if the principal second, the Directive, allows the
cannot. For example, the agent declarant to tell caregivers what
cannot force the principal to seek to do if the declarant
or accept treatment. As long as is incapacitated
the principal has capacity, all the and terminal or
agent can do is talk to medical if the declarant
providers and obtain medical is permanently
records. Importantly, any named and completely
alternate agents do not have even incapacitated. In
this authority. Medical powers both situations, the
of attorney cease on death or declarant can instruct
revocation. caregivers to stop
treatment (except
A HIPAA Release and for comfort and pain
Authorization gets around the relief) and allow
privacy provisions of the federal the declarant to die
Health Insurance Portability and naturally or continue
Accountability Act. Generally, the to treat or keep the
Release is used to grant agents declarant alive in
and alternates on powers of either situation.
attorney the authority to access the
principal’s medical information. Of course, there is
The release does not create any more to each of the five
decision-making authority, but documents here, and
it conveniently authorizes family there are many other

Lubbock Senior Link 73