We think of preparation for an emergency as gathering canned food and stockpiling toilet paper. It may also mean having an emergency savings account or even a little cash in the cookie jar. However, being prepared for an emergency isn’t just about assets and food. What many people neglect to prepare for until it’s too late is how to handle medical decisions in unexpected situations in which they cannot advocate for themselves.
Recent survey data from 2025 underscores a critical lack of estate planning: only 24% of respondents have a will, 13% a living trust, and 4% other related documents. This alarming statistic points to a nationwide vulnerability, potentially fueled by lingering misconceptions that planning is only for the wealthy. While older adults previously showed somewhat higher rates for certain documents like healthcare powers of attorney, the overall low engagement is clear. Considering that unexpected health crises or death can occur at any age (historically, about 25% of deaths happen before 65), these figures highlight the vital importance for all adults to establish fundamental legal protections.
There are certain legal protections you need to protect your assets and your rights to have your wishes for medical procedures honored in the event you cannot advocate for yourself. If you have questions, consult with an estate planning lawyer.
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Legal Protections For Healthcare and Finances
Planning for an emergency, legally speaking, involves establishing specific protections to cover contingencies in the event that you become severely injured or ill and cannot make certain decisions yourself. These directives name an agent to make certain legally binding decisions on your behalf, within the boundaries indicated in the document and according to the Texas Estates Code.
Without specific legal documents and protections, close family members, including your spouse, parent, or child, may not be asked to make decisions on your behalf.
Texas residents can protect themselves with:
Statutory Durable Power of Attorney: This document allows you to legally appoint a trusted individual (known as an “agent” or “attorney-in-fact”) to manage your financial transactions, pay bills, handle property matters, and address other legal issues if you become incapacitated.
Key Question Answered in this Document: If I am unable to manage my financial and legal responsibilities, who has the legal authority to handle these matters for me?
Medical Power of Attorney: This designates an agent specifically to make healthcare decisions on your behalf when you cannot communicate your own wishes. Your agent can consent to, refuse, or withdraw consent for medical treatments based on their understanding of your values and preferences.
Key Question Answered in this Document: If I lose the ability to make or communicate my own medical decisions, who do I trust and legally authorize to make those choices for me?
Directive to Physicians: This document directly communicates your specific instructions about the types of medical treatments you would or would not want under certain circumstances, particularly concerning end-of-life care (e.g., use of ventilators, feeding tubes, or issuing a do-not-resuscitate order). It expresses your wishes directly to healthcare providers, rather than solely relying on an agent’s interpretation.
Key Question Answered in this Document: In specific medical situations where I cannot speak for myself, what are my explicit wishes regarding receiving or refusing certain life-sustaining or other medical treatments?
Many estate planning attorneys recommend establishing at least two agents, one primary and one backup, so you have full protection. And, you may wish to have one party act as your financial agent and another as your medical power of attorney. Your spouse may know your medical wishes best, but someone close to you may be better equipped to manage your investments or business.
Whom Should I Choose For Medical Decision-Making?
Creating legal protections is essential when you have religious beliefs about medical procedures, a desire for a do-not-resuscitate action, or specific wishes for being on or off life support. Your estate planning lawyer can help you take an objective look at the people in your life and determine the right person or persons to act in your stead when you cannot advocate for yourself.
Your medical power of attorney or financial power of attorney agent can be changed fairly easily by an experienced estate planning lawyer. If your condition changes, you develop a serious medical condition, or your financial picture changes, you should update your powers of attorney. What was clear-cut and relevant ten years ago may be completely different now. Your relationships, priorities, and financial situation have changed, and who you trust to represent may have changed, too. Your estate planning attorney can regularly review your estate plan, ensuring it remains compliant with any changes in the Texas Estates Code and still reflects your wishes.
The Importance of Choosing a Trained Estate Planning Attorney to Draft Your Documents
Using an online form to create a power-of-attorney or even your will may be tempting, but be wary. These forms may be out-of-date and often leave critical details unaddressed. When you work with an estate planning lawyer, though, you have a professionally educated attorney who gets to know your unique situation and obligations (such as the need to create a Special Needs Trust for a child with special needs or a trust for a personal injury settlement) and then drafts the right legal protections for your person, healthcare decisions, and your money.
