Invalidating living wills


However, complications can arise from the time the POA is executed up until the point that all duties have been performed by the person you appoint.A power of attorney is a legal document authorizing someone to act on your behalf.However, if you don't do at least a little bit of planning -- writing down your wishes about the kinds of treatment you do or don't want to receive and naming someone you trust to oversee your care -- these important matters could wind up in the hands of estranged family members, doctors, or sometimes even judges, who may know very little about what you would prefer.There are two basic documents that allow you to set out your wishes for medical care: a living will and a durable power of attorney for health care. In some states, the living will and the power of attorney are combined into a single form -- often called an advance directive.(In fact, both of these documents are types of health care directives -- that is, documents that let you specify your wishes for health care in the event that you become unable to speak for yourself.) First, you need a written statement that details the type of care you want (or don't want) if you become incapacitated.This document is most often called a living will, though it may go by a different name in your state.Regardless of whether the living trust is revocable or irrevocable, an individual who chooses to contest the trust document must file a lawsuit in the probate court of the state that has jurisdiction over the trust.The probate court will require the plaintiff to file certain documents that outline the legal arguments that support his trust contest.

A power of attorney can be an effective way to delegate responsibility for managing your finances and making health-related decisions when you are no longer able or willing to make these decisions yourself.

Texas is one of a dozen states where any stage of pregnancy automatically invalidates advance directives, including living wills.

All 50 states recognize advance directives, but statutes ensure they aren't upheld for everyone.

Ten years before, she had drawn up a living will that stipulated, The patient had also given a durable healthcare power of attorney to one of her daughters (the authorized representative) in the event of incapacitation.

The power of attorney included the power to “terminate life-prolonging measures.” The authorized representative, with the consent of the attending physician, refused to terminate the artificial feeding, arguing that the termination would not be in accordance with the living will of her mother.

She suffered a stroke in November 2011 and since that time had been artificially fed through an endoscopic tube.

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