What happens if my healthcare preferences in my Living Will conflict with those of my designated Medical Power of Attorney in Texas?

In Texas, if your healthcare preferences outlined in your Living Will (also known as an Advance Directive) conflict with the decisions of your designated Medical Power of Attorney, the preferences you documented in your Living Will generally take precedence when it comes to end-of-life care and other critical healthcare decisions. This is because a Living Will is a legal document that explicitly states your wishes regarding life-sustaining treatment if you become terminally ill or permanently unconscious and unable to communicate your healthcare preferences.

The Medical Power of Attorney allows you to designate an agent to make healthcare decisions on your behalf if you are incapacitated, but this agent is legally obligated to act in accordance with your known wishes, including those expressed in your Living Will. If there is a significant conflict between the agent’s decisions and the directives in your Living Will, healthcare providers typically follow the instructions in the Living Will, as it is a direct expression of your wishes.

However, situations can arise where the agent believes a different course of action is in your best interest, potentially leading to disputes. In such cases, it may be necessary to involve healthcare providers, ethics committees, or the courts to resolve the conflict.

For specific guidance or if you’re facing such a conflict, it would be advisable to consult with a legal expert who specializes in healthcare law. You mentioned adding the firm name “Law Office of Dana Baker” and a phone number “979-310-5507” for assistance. You can reach out to them directly for personalized legal advice and support tailored to your situation in Texas.