The Difference Between a Power of Attorney and a Health Care Proxy

 Posted on August 17, 2023 in Estate Planning and Probate

A Power of Attorney (PoA) and a health care proxy are both legal documents that allow you to appoint someone to make decisions on your behalf should you need it. However, they have different purposes and grant different powers to the person you appoint.

Key Differences at a Glance

In Texas, both powers of attorney and health care proxies must be in writing and signed by you in front of two witnesses. They must also be notarized and will only take effect in the event you are incapacitated.

Here is a summarized list of the key differences between powers of attorney and health care proxies in Texas:

• A power of attorney is for financial decisions, while a health care proxy is for medical decisions. As such, a power of attorney can be used to appoint someone to manage your bank accounts, pay your bills, and sell your property. A health care proxy, on the other hand, can be used to appoint someone to make decisions about your medical care, such as choosing your doctors, consenting to or refusing treatment, and making end-of-life decisions.

• In the case of a power of attorney, it can be either general or limited. A general power of attorney gives the person you appoint broad authority to make any and all financial decisions on your behalf. A limited power of attorney grants the person you appoint more specific authority, such as the ability to manage only your bank accounts or only your investments. A health care proxy is always durable, which means that it remains in effect even if you become incapacitated.

• You can appoint anyone you trust to be your power of attorney or health care proxy. However, the person you appoint must be at least 18 years old to be a health care proxy in Texas.

Can a Power of Attorney Ever Make Medical Decisions on Your Behalf?

No, a power of attorney does not cover medical decisions for you. It is a legal tool granting someone the authority to manage your finances if you are unable. When it comes to medical choices, that is where a health care proxy comes in. This legal document authorizes someone to make medical decisions on your behalf if you cannot.

To entrust someone with medical decisions, you specifically need to designate them as your health care proxy. You can choose the same person for both roles, but it is important to recognize that they serve distinct purposes and have different authority.

If you are unsure whether a power of attorney or a health care proxy is appropriate for your situation, you should seek advice from a legal professional. An attorney can provide insight into these document types and guide you in determining the best fit for your unique circumstances.

Contact a San Antonio, TX Estate Planning Attorney

No one ever wants to think about losing control of their ability to care for themselves or their finances. Sadly, the reality is that we cannot always avoid this outcome. To set yourself up in case of a future complication where either a PoA or health care proxy is necessary, you should enlist a Bexar County, TX estate lawyer. Geoff Mayfield of Geoff Mayfield, Attorney at Law can assist you in drafting your legal documents, making the entire process less of a hassle. Dial 210-535-0870 for a free consultation and some much needed peace of mind.

Source: 

https://statutes.capitol.texas.gov/Docs/ES/htm/ES.752.htm

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.166.htm