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

Invalidating living wills

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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.

A medical power of attorney (or healthcare proxy) allows you to appoint a person you trust as your healthcare agent (or surrogate decision maker), who is authorized to make medical decisions on your behalf.

Before a medical power of attorney goes into effect a person’s physician must conclude that they are unable to make their own medical decisions.

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.

Today she remains kept alive by machines in the hospital because when she collapsed she was 14 weeks pregnant — not far enough along to have prevented her from getting an abortion under different circumstances, but putting her in a category where doctors must keep her alive until they decide whether she might be able to carry the fetus to term.

In this document, you appoint someone you trust to be your health care agent (sometimes called an attorney-in-fact for health care, health care proxy, or surrogate) to make any necessary health care decisions for you and to see that doctors and other health care providers give you the type of care you wish to receive.

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.

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.