Medical Power of Attorney and Directive to Physicians in Texas
A Texas medical power of attorney names someone to make health care decisions if you cannot. A directive to physicians (a living will) states your wishes about life-sustaining treatment if you are terminally or irreversibly ill. A HIPAA authorization lets your named people see your medical records. The three documents cover different things, and most adults benefit from having all of them.
The documents
| Document | What it does |
|---|---|
| Medical power of attorney | Names an agent to make health care decisions when you cannot speak for yourself |
| Directive to physicians and family or surrogates | States your wishes about life-sustaining treatment in a terminal or irreversible condition |
| HIPAA release | Lets named people receive your medical information |
Texas has statutory forms for the medical power of attorney and the directive, with required warnings and signing procedures.
Choosing an agent
Your agent will make decisions about treatment, hospitals, doctors and end-of-life care, often under stress. Choose someone who understands your values and can stand firm with doctors and family. Name an alternate. Talk to your agent in advance about what matters to you, such as wishes about life support, pain control and where you want to be cared for.
Signing rules
- The medical power of attorney must be signed with the formalities in the Texas form, typically in front of two qualified witnesses. At least one witness cannot be related to you or entitled to your estate.
- Your agent cannot be a witness.
- Some health care providers and their employees cannot serve as witnesses.
Follow the form's instructions exactly, since a signing mistake can leave the document unenforceable.
Why not rely on family
If no one has legal authority, Texas law provides an order of people who may make certain decisions, but it can lead to conflict, and it may not match your wishes or may not apply to every kind of decision. A medical power of attorney removes the doubt. It also avoids the need for a guardianship, which is the court-supervised alternative. See guardianship in Texas.
Other documents to know
An out-of-hospital do-not-resuscitate order is a separate form that applies to emergency responders and is signed with your physician. A mental health treatment declaration covers psychiatric care. Review your documents every few years and after a major diagnosis or life change, and give copies to your agent, your doctors and your family.
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Book Free ConsultationFrequently asked questions
Does a Texas medical power of attorney need to be notarized?
It can be signed with two witnesses or acknowledged before a notary, depending on the form's requirements.
Can my agent make financial decisions?
No. A medical power of attorney covers health care only. A separate durable power of attorney covers finances.
Does it work in another state?
Many states honor out-of-state directives, but rules vary. If you spend time elsewhere, ask about local forms.
When does it take effect?
Your agent can generally act when your doctor certifies in writing that you cannot make your own decisions.