Directives to Physicians and Family

by Carrie E. Campbell, J.D.

Among the ways to minimize the burden on your family and friends is the execution of a Directive to Physicians and Family which clearly identifies your wishes regarding medical treatments and artificial life support with regards to both terminal and irreversible conditions.

Once just a short statement, Directives now include definitions and explanations drafted by the state legislature which assist all those involved to understand the choices to be made. For example, an irreversible condition is defined as "a condition, injury, or illness: (1) that may be treated, but is never cured or eliminated; (2) that leaves a person unable to care for or make decisions for the person’s own self; and (3) that, without life-sustaining treatment provided in accordance with the prevailing standard of medical care, is fatal."  In contrast, a terminal condition is defined as "an incurable condition caused by injury, disease, or illness that according to reasonable medical judgment will produce death within six months, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care." As applied there are many illnesses such as cancer or Alzheimers which may be irreversible in early stages, but only become terminal much later once the disease is advanced. Another helpful term outlined by the Texas Congress is "life-sustaining treatment" which among other things specifically includes "both life sustaining medications and artificial life support such as mechanical breathing machines, kidney dialysis treatment, and artificial hydration and nutrition," but moreover does not include "the administration of pain management medication, the performance of a medical procedure necessary to provide comfort care, or any other medical care provided to alleviate a patient’s pain."

With these definitions as a foundation, you may select your choices for various scenarios, as well as any particular wishes you may have regarding a specific medical treatment. For more information or to have your Directive prepared, you should contact an attorney of your choice. 

If you would like to speak to one of the attorneys at Mounger and Campbell, LLC about this or any other legal topic, you may ask us to contact you or call 512-847-1308.

Children With Special Needs

by Carrie E. Campbell, J.D.

According to the Texas Family Code, a child with special needs is any child that requires "substantial care and personal supervision because of a mental or physical disability," and as such, will not be able to be self supporting. The Family Code contains provisions specifically applicable in cases with children with special needs, including paternity, divorce, or modifications. These provisions allow a judge to order additional child support beyond the legislative guideline amounts and beyond the age of 18. In addition, greater consideration will be given to issues of structure and consistency between homes in determining custody, possession, and visitation. Other important issues for consideration include respective authority between the parents in making educational and medical decisions.

A child with special needs may also be eligible for governmental benefits, depending upon the degree of disability and the family’s financial resources available to the child. Supplemental Security Income (SSI) provides a monthly payment to assist with living and medical expenses. Most often, the Social Security Administration will take several months to make a determination of "disability." However, benefits are immediately made available to financially eligible children who live with (1) HIV infection, (2) total blindness, (3) total deafness, (4) Cerebral Palsy, (5) Down’s Syndrome, (6) Muscular Dystrophy, (7) severe mental retardation, or (8) birth weight below two pounds, ten ounces. Additional services and assistance are available through the Department of Disability and Aging Services (DADS) and the Mental Retardation Authority, even if a child with special needs does not qualify for SSI or Medicaid.

For more information about legal issues affecting children with special needs, you should consult with an attorney of your choice. 

If you would like to speak to one of the attorneys at Mounger and Campbell, LLC about this or any other legal topic, you may ask us to contact you or call 512-847-1308.