Article on Death in Texas: The Documents that Control Medical Treatment and End-of-Life Decisions
In my estate planning and elder law practice people face their mortality every day. They acknowledge this by preparing for their eventual deaths, and taking responsibility to ensure their loved ones are financially cared for and the transfer of assets and payments of debts can easily be handled upon their deaths. The more humbling conversations comes when we discuss what happens when the client is alive but has trouble communicating for themselves. What if they are alive but disabled by a traumatic brain injury, stroke, heart attack, fall, Alzheimer’s diagnosis, cancer or other disease that causes a slow, but eventual demise? Who has a right to speak for you when you can no longer effectively communicate for yourself?
“When my time comes, my kids will know what I want. They’ll figure it out,” he says. In the meantime, the adult child across the table from me is crying, “It’s hard to think about.” An adult child who never had a conversation with an aging parent nearing the end of life should not be having it in a hospital room.