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 responsibility, including ending the principal’s life. Alternate agents may also be selected in the event 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.

What Are the Requirements of a Medical Power of Attorney in Texas?

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.

Witnesses cannot be any of the following:

  • 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.

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 no medical provider can give or withhold treatment from you if you object.

Can I Revoke a Medical Power of Attorney?

You can revoke a medical power of attorney by notifying either your agent or your health care provider, orally or in writing, of your intent to revoke.

If you appoint your spouse as your agent, a divorce will revoke the medical power of attorney unless you provide otherwise.