Texas Medical Power of Attorney Overview
In Texas, a medical power of attorney is governed by Tex. Health & Safety Code § 166.152. This legal document allows you to designate a healthcare agent who can make medical decisions on your behalf if you become unable to make or communicate those decisions yourself. Texas law ensures that your healthcare agent has the authority to work with healthcare providers to carry out your wishes regarding medical treatment.
Your healthcare agent can make decisions about medical treatments, surgeries, medications, hospital stays, end-of-life care, and access to your medical records. The medical power of attorney typically takes effect only when a physician determines that you are unable to make decisions for yourself, though Texas law may allow you to make it effective immediately if you prefer.
Creating a medical power of attorney in Texas requires 2 witnesses and notarization is required. Texas provides a statutory form that is widely accepted by healthcare facilities throughout the state.
Yes
Statutory form required
2
Witnesses required
Required
Notarization
Yes
HIPAA included
Texas Requirements
To create a valid medical power of attorney in Texas, you must meet the following requirements under Tex. Health & Safety Code § 166.152:
Important: Texas Execution Requirements
Texas requires 2 witnesses for a valid medical power of attorney. The document must also be notarized. Witnesses cannot include your designated healthcare agent or your treating healthcare provider.
- Legal Age: You must be at least 18 years old and mentally competent at the time of signing
- Witnesses: Texas requires 2 witnesses who are not the healthcare agent or healthcare provider
- Notarization: Required in Texas
- Agent Designation: Name a primary healthcare agent and optionally an alternate
- HIPAA Authorization: Included in statutory form
How to Create Your Texas Medical Power of Attorney
Follow these steps to create a valid medical power of attorney that complies with Texas law.
Choose Your Healthcare Agent
Select a trusted individual to serve as your healthcare agent in Texas. This person should understand your healthcare values, be willing to advocate on your behalf, and be available in case of emergency. Consider naming an alternate healthcare agent as well.
Specify Your Healthcare Wishes
Document your preferences regarding medical treatments, end-of-life care, organ donation, DNR orders, and mental health treatment. Be as specific as possible about what treatments you do and do not want under various circumstances.
Include HIPAA Authorization
Add HIPAA authorization to ensure your healthcare agent can access your medical records and communicate with your healthcare providers in Texas. Without this, providers may legally refuse to share your medical information.
Sign with Witnesses and Notarize
Execute the document with 2 witnesses as required by Texas law. You must also have the document notarized. Distribute copies to your healthcare agent, physicians, hospital, and family members.
Choosing Your Texas Healthcare Agent
In Texas, your healthcare agent will have significant authority over your medical care. Choose someone who understands your values and can make difficult decisions under pressure.
- Trustworthy: Someone who will follow your wishes, not impose their own preferences
- Accessible: Someone who can be reached quickly and can travel to Texas if needed
- Assertive: Someone who can communicate effectively with medical professionals
- Emotionally capable: Someone who can handle the stress of making life-or-death decisions
Sample Texas Medical Power of Attorney
Below is a preview of our Texas-specific medical power of attorney template.
STATE OF TEXAS
MEDICAL POWER OF ATTORNEY
Tex. Health & Safety Code § 166.152
PRINCIPAL (You):
Name: [Your Name]
Address: [Texas Address]
HEALTHCARE AGENT:
Name: [Agent Name]
Relationship: [Relationship]
Phone: [Phone]
Texas Medical Power of Attorney FAQ
Answers to common questions about Texas medical power of attorney requirements and procedures.
Official Texas Resources
Use these official resources to verify Texas requirements and access government forms.
Create Your Texas Medical Power of Attorney
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