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It is understandable that the prospect of signing documents such as a medical power of attorney can lead to worries, both on your part and on that of your family. If you’re looking into estate and end-of-life planning, an estate lawyer in Dallas can help you understand and explore your options.

Can a Medical Power of Attorney Override a Will in Texas?

Though this concern is common, it is not founded in legal actuality. A Medical Power of Attorney cannot override the terms of a Will, and the functions of the two documents are complementary rather than conflicting.  A Medical Power of Attorney is a legal document that lets you appoint an agent to make healthcare decisions on your behalf if a physician certifies that you are incapacitated and unable to do so for yourself. The agent’s authority is strictly confined to making medical and healthcare decisions up until the point of your death.

A Will is the document that specifies how you want to distribute your property and assets after death and designates an executor to manage this process. It can also name guardians for minor children. A Will has no legal power while you are alive but comes into force after you have died.

Why You Shouldn’t Worry

As you can see, there are a number of important differences between these two documents, including the scope of their authority and their times of effect. A Medical Power of Attorney is only active during your life, is activated during periods when you are incapacitated, and only grants authority for your medical agent to make decisions concerning your healthcare. A Will, on the other hand, comes into effect after your death. Because of this, there is no legal overlap where an MPOA could override a Will.

The following is a hypothetical situation showing that the two documents serve entirely different purposes and exist in non-overlapping timeframes:

Mrs. Wilson signs an MPOA naming her son, David, as her medical agent. She also has a Will that leaves her estate in equal parts to David and to her daughter, Susan. If Mrs. Wilson becomes incapacitated, David will at that point become empowered to make medical decisions on her behalf, such as approving surgery or other life-extending measures. His power, as granted by the MPOA, is limited to decisions relating to his mother’s healthcare; he has no authority to influence or change the terms of the Will or do anything with her estate or property. At the point that Mrs. Wilson dies, David’s power under the MPOA ends and the Will becomes effective.

If These Documents Are So Different, Why Do People Worry?

There are a number of reasons concerns arise from family members when it comes to end of life and estate planning documents. Some of these stem from common misunderstandings of how exactly these documents work in terms of granting legal authority and some from concerns that authority-holders will exercise undue authority over someone in a vulnerable state.

Misunderstanding How They Work

There is a commonly held, but erroneous, belief that a Medical Power of Attorney can be used to change a Will. This is not the case. Even a Durable Power of Attorney, which allows an agent to act on your behalf in financial and legal matters, cannot be used to modify a Will.  

Fear of Undue Influence

While an MPOA cannot legally override a Will, conflicts can arise in situations involving family dynamics, especially if different people are named in each document. For example, a daughter who is named the MPOA agent may have significant access to her father during his final months. If the father’s Will currently favors a different sibling, that sibling may worry the MPOA agent could persuade him to revise the Will. 

This is not a legal conflict between the documents themselves but rather a potential abuse of authority. Such actions can be challenged in court under claims of undue influence or incapacity if a new Will is drafted under questionable circumstances.

Wider Family Do Not Know Your Wishes

Many people have strong convictions when it comes to end-of-life care, especially when it comes to life-extending measures such as ventilation, artificial nutrition and hydration, and resuscitation. If you are in the position where you do not want such measures, it is best to let your wider family know lest they be distressed by the idea that your medical agent is not exhausting all possible options to keep you alive.

You can also make these wishes known in an Advance Directive to Physicians, which is also known as a Living Will. This document is used to outline your specific treatment preferences if you are incapacitated and in a terminal or irreversible condition. A Living Will has power only over specific end-of-life treatments. It does not overlap with the MPOA, which allows your agent to respond flexibly to your treatment needs at any time when you are incapacitated.  

Medical Decisions May Have Consequences for Your Estate 

Even though MPOA agents can’t make estate decisions, the medical decisions they make can have indirect financial consequences. For example, choosing either to continue or cease life-sustaining treatment may affect the value of the estate. These effects may make beneficiaries feel like the MPOA agent is influencing inheritance, even if the agent is simply acting within their medical authority.

As you plan for the end of your life and how to help your loved ones through it, remember that emotional situations cause people to act or speak in ways they would not under usual circumstances. It is stressful when a loved one seems to be coming to the end of their life. This stress can lead to a lack of sleep, irritability, and heightened emotions, leading your loved ones to worry unduly or become angry without cause, even at each other.

Make Wise Decisions

While your will cannot be altered by anyone other than yourself, your medical agent will have the authority to make decisions about your care when you cannot advocate for yourself. It’s important, therefore, that you choose this person carefully. When you consult us, we can help you to talk through your options and select the person whom you most trust to act not only ethically but in accordance with your own wishes.
 

Consult an Estate Lawyer in Dallas

When it comes to estate planning, the best way to ensure a professional and stress-free process is to consult an experienced lawyer. We can help draft the documents you need, advise you on how to make your wishes clear, and explain them to your designated agents and executors. We believe that clear communication is in everyone’s best interests so that there are no surprises ahead of time. Though it can be difficult to have these conversations with your loved ones, we can make sure that no one is left in the dark.

Having the right documents in place can give you peace of mind knowing that everything is taken care of, but also that they can be altered if you change your mind. To find out more about how you can plan for the future, contact us at Ford + Bergner LLP in Dallas, TX.