A Texas medical power of attorney is a document that allows a person to select someone else to make health decisions on their behalf. The principal can limit or give unrestricted powers to the agent to make any type of decision, including ending the principal’s life. Alternate agents may also be selected in the event that the primary agent cannot perform.

The person you designate to make medical decisions for you is called an agent. The medical power of attorney gives your agent broad power to make any health care decisions you could have made if you were not incapacitated, unless you specifically restrict his or her authority.

Medical powers of attorney are not just for the elderly. Unexpected injuries or illness can occur at any age, so all adults should have one in place.

Texas Medical Power of Attorney Requirements 

To be valid in Texas, a medical power of attorney must either be:

  • signed by you in the presence of a notary public OR
  • signed by you in the presence of two witnesses, who also sign the document.

Who Can Witness a Power of Attorney?

In Texas, a witness to a medical power of attorney must be a competent adult. However, they cannot be:

  • The person you have designated as your agent;
  • A person related to you by blood or marriage;
  • A person entitled to any part of your estate after your death under a will or codicil executed by you or by operation of law;
  • Your attending physician;
  • An employee of your attending physician;
  • An employee of a health care facility in which you are a patient, if the employee is providing direct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
  • A person who, at the time this medical power of attorney is executed, has a claim against any part of your estate after your death.

How to Get a Medical Power of Attorney in Texas

Here are the basic steps:

1. Choose Someone You Trust to Make Healthcare Decisions

Select a person to make medical decisions who understands your values. You may also name an alternate agent to step in if your primary agent is unavailable.

2. Complete the Texas Medical Power of Attorney Form

Use the official form provided by Texas Health and Human Services or have one drafted by a Texas estate planning attorney. This form is often paired with an advance directive or living will. While the medical power of attorney focuses on healthcare, many clients also create a durable power of attorney to manage financial decisions if they become incapacitated.

3. Sign in Front of a Notary or Two Competent Adults

Follow the required protocol. Improper signing can render the document invalid under Texas law.

4. Distribute Copies

Give copies to:

  • Your agent and alternate
  • Your doctor(s)
  • Your estate planning attorney
  • Keep a copy in a safe, easily accessible place at home

5. Review Periodically

Revisit your power of attorney form after major life changes like divorce, a new diagnosis, or a change in your preferred agent.

When Does a Medical Power of Attorney Become Effective?

The medical power of attorney becomes effective immediately after you execute it and is effective indefinitely unless it contains a specific termination date or you revoke it.

If the medical power of attorney has a specific termination date, but you are incompetent on that date, the medical power of attorney continues to be effective until you become competent.

If you are able to make medical decisions for yourself, you have the control and right to make those decisions.  In the event that you cannot make these decisions, your “agent” can legally make medical decisions for you.

A medical power of attorney authorizes your agent to act on your behalf only when and if your attending physician certifies in writing and files the certification in your medical records that, based on his reasonable medical judgment, you are incompetent.

Regardless of the existence of a medical power of attorney or the declaration of incompetence, the statutes specify that no medical provider can give or withhold treatment from you if you object.

Is Your Spouse Automatically Your Medical Power of Attorney?

No. Under Texas law, your spouse is not automatically granted the authority to make healthcare decisions on your behalf. You must specifically designate your spouse as your agent in a valid medical power of attorney form. Without this, they may not have legal standing to make medical decisions on your behalf during a crisis. This is especially important to understand for married individuals, assuming their spouse can act for them in a medical emergency.

Can I Revoke a Medical Power of Attorney?

Yes. You can revoke your MPOA at any time by:

  • Informing your agent or healthcare provider verbally or in writing
  • Creating a new MPOA
  • Divorcing your spouse if they were named agent (unless stated otherwise)

It’s wise to consult a Texas estate planning attorney to ensure any changes are legally recognized and properly documented.

Ready to Secure Your Medical-Care Decisions Today?

At Nimmons & Fronterhouse, our estate planning attorneys serve clients throughout Houston, including Spring Valley, Memorial, Spring Branch, and the Heights. Whether you’re preparing for the future or updating an old document, we’ll guide you with clarity and compassion. We have extensive experience helping clients complete their Texas medical power of attorney forms and related estate planning documents.

Contact us today to ensure your health decisions are legally protected and aligned with your values.