Kendall and Bexar County Estate Planning
Texas Estate Planning Blog
Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.
Medical decisions are not something most people like to think about. But if something unexpected happens, your family may be left making difficult choices without clear guidance.
Two important tools in Texas estate planning that can help avoid that situation are a living will and a medical power of attorney. While they sound similar, they serve very different purposes. Understanding how they work can help you make informed decisions about your care.
A living will is a written document that explains what kind of medical care you want if you are facing a serious, end-of-life condition.
It allows you to state your preferences ahead of time so others do not have to guess. For example, you can address whether you want life support or other treatments if recovery is unlikely.
This document only applies in specific situations, usually when you cannot communicate and are facing a serious condition.
Without clear instructions, your loved ones may struggle to agree on what you would have wanted. This can lead to stress and uncertainty during an already emotional time.
A living will helps:
A medical power of attorney allows you to name someone you trust to make healthcare decisions for you if you cannot make them yourself.
This person, called your agent, steps in when you are unable to communicate. Unlike a living will, this document applies to a wider range of medical situations, not just end-of-life care.
A medical power of attorney can apply in situations such as:
Your agent works with doctors and makes decisions based on your condition at the time.
These two documents often work together, but they are not interchangeable.
A living will speaks for you directly. A medical power of attorney allows someone else to step in and act on your behalf.
In many cases, having both documents creates a more complete plan.
A living will provides clear instructions for specific situations. A medical power of attorney adds flexibility by allowing someone you trust to respond to real-time medical decisions.
For families in Boerne, New Braunfels, and San Antonio, this type of planning can help reduce confusion and give you more control over what happens if you cannot speak for yourself.
Healthcare planning is just one piece of your overall estate plan. While a living will and medical power of attorney address medical decisions, they work alongside other tools that protect your assets and your family.
For example, wills and trusts help determine how your property is distributed, while strategies to avoid probate can reduce court involvement and delays. Many families and business owners also consider asset protection and business planning to safeguard what they’ve built. When these pieces are coordinated, your plan can better reflect your goals and give your family clearer direction during difficult times.
Working with an estate planning lawyer in Texas can help ensure all parts of your plan work together in a practical way.
| Mistake | Why It Matters |
| Not having either document | Your family may be left guessing or relying on the state for decisions |
| Choosing the wrong agent | A person who is unprepared or unwilling can create delays and conflict |
| Not discussing your wishes | Even a well-written document works better when your agent understands your values |
| Creating vague instructions | Unclear language can lead to confusion during critical moments |
| Failing to update your plan | Life changes like marriage, divorce, or health issues may affect your decisions |
In most cases, doctors will follow a valid living will. There may be situations where interpretation is needed, which is why having a medical power of attorney can also help.
Not exactly. A living will provides written instructions, while your agent uses those instructions to guide decisions. They are meant to work together, not compete.
Choose someone you trust to make decisions under pressure. It helps if they understand your values and can communicate clearly with medical providers.
Making medical decisions in advance helps ensure your voice is heard, even when you cannot speak for yourself.
At McCammon Law, P.C., we work with individuals and families across Boerne and nearby communities to create clear, practical estate plans. If you are unsure whether your current documents reflect your wishes, it may help to review your options. Request a consultation today.
References: Yahoo! Finance (Feb. 18, 2021) “Living Will vs. Living Trust”
Boerne/San Antonio Office
602 Frey Street,
Boerne, TX 78006
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