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.
Houston Estate Planning Attorney
Whitney L. Thompson
Whitney L. Thompson is a dedicated Houston estate planning attorney who has spent her career helping individuals and families address life’s most personal legal matters. Her passion for estate planning began at Thurgood Marshall School of Law, where she represented residents through the school’s wills, probate, and guardianship clinic. Over the years, Whitney has guided countless clients through the complex process of protecting their families, minimizing taxes, and planning for the future with clarity and confidence.
As a first-generation college graduate and woman entrepreneur, Whitney understands the challenges her clients face and takes pride in offering compassionate, practical legal counsel. Her courtroom experience has shown her firsthand the importance of proactive estate planning to avoid unnecessary conflict and expense. Whether creating a will, establishing a power of attorney, or securing guardianship, Whitney provides honest feedback, clear communication, and a client-centered approach to ensure every family’s peace of mind.
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.
| Feature | Medical Power of Attorney | Durable (Financial) Power of Attorney | Living Will |
|---|---|---|---|
| Purpose | Allows someone to make healthcare decisions for you if you can’t | Allows someone to manage your financial and legal matters | States your wishes for medical treatment if you can’t speak for yourself |
| When It Takes Effect | When you are incapacitated or unable to communicate | Immediately or upon incapacity, depending on how it’s written | When you are terminally ill or permanently unconscious |
| What It Covers | Medical care, treatment, and end-of-life decisions | Money management, property, taxes, and legal actions | Life-support choices, resuscitation, and artificial nutrition |
| Appoints a Person | Yes, a healthcare agent | Yes, a financial agent | No, it only records your preferences |
| Ends When | You revoke it or die | You revoke it or die | You revoke it or die |
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 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.
What Makes a Medical Power of Attorney Different from Other Documents?
A medical power of attorney (POA) lets you choose someone to make healthcare decisions if you’re unable to speak for yourself. This person, often called your healthcare agent, can talk to doctors, approve or decline treatments, and decide on your care if you’re unconscious or seriously ill. For example, if you’re in surgery and a complication arises, your medical agent can decide what kind of intervention aligns with your wishes.
This document is different from a durable financial power of attorney, which gives another person the authority to handle money-related matters. That might include paying bills, managing investments, or signing checks if you’re unable to do so. The main difference is that a financial POA covers assets and accounts, while a medical POA covers health and treatment choices.
A living will is another important but separate document. Instead of naming a person, it outlines what types of medical treatment you want or don’t want at the end of life. For example, you might specify whether you want to be kept on a ventilator or receive artificial nutrition if you’re in a permanent coma.
In many cases, it’s wise to have all three documents. They work together to cover different areas of decision-making. For children turning 18, having both a medical and financial POA helps parents step in during an emergency, since legal adulthood limits a parent’s access to medical and financial information without these permissions.
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.
