Many parents assume that even as their child grows older, their role in making healthcare decisions naturally continues. It’s important to note that, legally, parents lose the automatic right to be involved in medical decision-making once a child turns 18. This is true even if the child is single, living at home, or dealing with health challenges.
As adult children age, marry, divorce, or develop health issues of their own, it becomes even more critical to plan. Creating a Medical Power of Attorney (MPOA) is one of the simplest and most effective ways to make sure someone your child trusts can step in if there’s ever a medical crisis. In this blog, we explore what an MPOA is, why it still matters for older adult children, situations where it can be especially important, and how to put one in place under Texas law.
What Is a Medical Power of Attorney?
A Medical Power of Attorney is a legal document that allows an adult to name someone—often a parent, sibling, or spouse—to make healthcare decisions on their behalf if they become incapacitated. Importantly, it doesn’t remove the adult child’s independence or authority. It only becomes active when they can’t speak or decide for themselves, such as after an accident, during surgery complications, or in the event of a sudden medical crisis.
This planning tool isn’t just for college students or young adults. Any competent adult, regardless of age, can and should consider who they trust most to advocate for their medical wishes when they can’t do so personally.
Why It’s Still Important for Older Adult Children
Even as children grow into their 20s, 30s, or beyond, life can bring unexpected health challenges. Older adult children may be:
- Unmarried, divorced, or widowed, with no spouse available to step in during a medical emergency
- Managing chronic conditions or mental health issues that could lead to periods of incapacity
- Living far from close family, where clear legal authority helps someone act quickly on their behalf
Without an MPOA, parents have no automatic right to speak to doctors or access medical records due to HIPAA privacy laws. In an emergency, this lack of authority can create delays and stress exactly when quick decisions matter most.
Life Situations That Make an MPOA Especially Relevant
Some families may feel hesitant to discuss medical decision-making with an older adult child, but certain scenarios make it particularly wise, including the following:
- Adult children with chronic illnesses, disabilities, or ongoing mental health challenges
- Children living far away from family, where a designated MPOA can act faster than a distant relative
- Older children who are single, divorced, or whose spouse is unable or unwilling to serve as agent
- Families caring for aging adult children who still rely on parents for support and guidance
Taking the time to create an MPOA before these situations arise can help avoid confusion and conflict later.
How to Set Up a Medical Power of Attorney in Texas
Texas law makes it relatively straightforward to establish a valid MPOA, but there are important requirements:
- The adult child must complete and sign the official form voluntarily and with full mental capacity.
- The document must be witnessed by two qualified adults or notarized to become effective.
- The chosen agent as well as any alternates should be discussed in advance to ensure they understand and accept the responsibility.
At The Mundheim Firm, we tailor documents to reflect personal values and ensure all legal formalities are properly met.
Act Now to Ensure your Child is Cared For
Medical emergencies don’t discriminate by age—and as your child grows into adulthood, an MPOA can offer peace of mind that someone trusted will be able to step in when it matters most. Starting the conversation now, rather than during a crisis, is the best way to protect your family’s wishes and well-being.
If you’d like help preparing a Medical Power of Attorney that reflects your family’s unique needs, contact Marla Mundheim at The Mundheim Firm at 817-479-0076 or use our online contact form to schedule a consultation. We’re here to guide you every step of the way.