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Medical Power of Attorney and Directive to Physicians in Texas

The short answer

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.

This page is general information, not legal advice, and does not create an attorney-client relationship. Rules change and every situation is different. Talk to a licensed attorney before acting on any of it. Last updated 2026-11-02.

The documents

DocumentWhat it does
Medical power of attorneyNames an agent to make health care decisions when you cannot speak for yourself
Directive to physicians and family or surrogatesStates your wishes about life-sustaining treatment in a terminal or irreversible condition
HIPAA releaseLets 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

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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Frequently 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.

Related questions

This page is for general informational purposes and does not constitute legal advice. Anchor Legacy Planning is not a law firm; legal work is performed by independent, licensed attorneys.