What is a Texas Medical Power of Attorney?
The individual granting permission is known as the "principal," while the individuals or entities obtaining authority are called the "agents." Suitable for residents of Texas, our Power of Attorney for health care is made for use in Harris County, Dallas County, Tarrant County, and in all other parts of the state. All Texas Healthcare PoA forms from Rocket Lawyer can be tailored for your specific circumstances. This official document will provide confirmation to medical providers and other parties that your agent(s) can act in your interest.
When to use a Texas Medical Power of Attorney:
- Your health is in decline, and you want to get ready for worst-case situations.
- You'd just like to make sure the person you trust can legally make decisions for you if you can't do so yourself.
INFORMATION CONCERNING THE
MEDICAL POWER OF ATTORNEY
THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
Except to the extent you state otherwise, this document gives the person you name as your Agent the authority to make any and all health care decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself. Because "health care" means any treatment, service or procedure to maintain, diagnose or treat your physical or mental condition, your Agent has the power to make a broad range of health care decisions for you. Your Agent may consent, refuse to consent, or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life-sustaining treatment. Your Agent may not consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery, or abortion. A physician must comply with your Agent's instructions or allow you to be transferred to another physician.
Your Agent's authority begins when your doctor certifies that you lack the competence to make health care decisions.
Your Agent is obligated to follow your instructions when making decisions on your behalf. Unless you state otherwise, your Agent has the same authority to make decisions about your health care as you would have had.
It is important that you discuss this document with your physician or other health care provider before you sign it to make sure that you understand the nature and range of decisions that may be made on your behalf. If you do not have a physician, you should talk with someone else who is knowledgeable about these issues and can answer your questions. You do not need a lawyer's assistance to complete this document, but if there is anything in this document that you do not understand, you should ask a lawyer to explain it to you.
The person you appoint as Agent should be someone you know and trust. The person must be 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed. If you appoint your health or residential care provider (e.g., your physician or an employee of a home health agency, hospital, nursing home, or residential care home, other than a relative), that person has to choose between acting as your Agent or as your health or residential care provider; the law does not permit a person to do both at the same time.
You should inform the person you appoint that you want the person to be your Health Care Agent. You should discuss this document with your Agent and your physician and give each a signed copy. You should indicate on the document itself the people and institutions who have signed copies. Your Agent is not liable for health care decisions made in good faith on your behalf.
Even after you have signed this document, you have the right to make health care decisions for yourself as long as you are able to do so and treatment cannot be given to you or stopped over your objection. You have the right to revoke the authority granted to your Agent by informing your Agent or your health or residential care provider orally or in writing, or by your execution of a subsequent Medical Power of Attorney. Unless you state otherwise, your appointment of a spouse dissolves on divorce.
This document may not be changed or modified. If you want to make changes in the document, you must make an entirely new one.
You may wish to designate an Alternate Agent in the event that your Agent is unwilling, unable, or ineligible to act as your Agent. Any Alternate Agent you designate has the same authority to make health care decisions for you.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS: (1) YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; OR (2) YOU SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
(1) the person you have designated as your Agent;
(2) a person related to you by blood or marriage;
(3) 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;
(4) your attending physician;
(5) an employee of your attending physician;
(6) 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
(7) a person who, at the time this power of attorney is executed, has a claim against any part of your estate after your death.
MEDICAL POWER OF ATTORNEY
. DESIGNATION OF HEALTH CARE AGENT. I, , appoint:
|Relation, if any:|
as my Agent to make any and all health care decisions for me, except to the extent I state otherwise in this document. This Medical Power of Attorney takes effect if I become unable to make my own health care decisions and this fact is certified in writing by my physician.
It is my desire that my Agent act consistently with my wishes as stated elsewhere in this document or otherwise made known. This document gives my Agent the authority to make any health care decision I could make consistent with the law of this state and including decisions to withhold or withdraw life-sustaining procedures, artificially administered nutrition and hydration.
NOTICE: A person may not exercise the authority of an Agent while the person serves as:
(1) the Principal's health care provider;
(2) an employee of the Principal's health care provider unless the person is a relative of the Principal;
(3) the Principal's residential care provider; or
(4) an employee of the Principal's residential care provider unless the person is a relative of the Principal.
. LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE AS FOLLOWS:
SECOND ALTERNATE AGENT
. DURATION. I understand that this power of attorney exists indefinitely from the date I execute this document unless I establish a shorter time or revoke the power of attorney. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my Agent continues to exist until the time I become able to make health care decisions for myself.
. PRIOR DESIGNATIONS REVOKED. I revoke any prior Medical Power of Attorney.
. SEVERABILITY. If any provision in this document is held to be invalid, such invalidity shall not affect the other provisions which can be given effect without the invalid provision, and to this end the directions in this document are severable.
. ACKNOWLEDGEMENT OF DISCLOSURE STATEMENT. I have been provided with a Disclosure Statement explaining the effect of this document. I have read and understand that information contained in the Disclosure Statement.
(YOU MUST DATE AND SIGN THIS DOCUMENT)
I sign my name to this Document on _____ day of ____________________, _____, at , .
You should sign this document in the presence of two witnesses who then sign the document in your presence and in each other's presence.
The specific requirements for who can be a witness and other execution formalities are printed on the document itself. THESE ARE SPECIFIC TO YOUR STATE AND MUST BE READ CAREFULLY AND COMPLIED WITH TO HELP ENSURE YOU HAVE A VALID DOCUMENT.
Texas Medical Power of Attorney FAQs
How do I get Medical Power of Attorney in Texas?
It's fast and simple to grant or obtain the support you need with a free Texas Medical Power of Attorney template from Rocket Lawyer:
- Make your document - Provide a few general details and we will do the rest
- Send and share it - Look over it with your agent or ask a legal question
- Sign it and make it legal - Required or not, witnesses and notarization are encouraged
This route is often notably less time-consuming than finding and working with a traditional attorney. If necessary, you can prepare a Medical PoA on behalf of an elderly parent, a spouse, or another relative, and then have that person sign it once you've drafted it. Please remember that for a Power of Attorney to be considered legally valid, the principal must be mentally competent at the time of signing. In the event that the principal has already been declared legally incompetent, a conservatorship may be required. When managing such a situation, it's best for you to speak to an attorney .
Who should have a Power of Attorney for healthcare in Texas?
Anyone who is over 18 should have a Medical Power of Attorney. Although it can be tough to acknowledge, a day may come when you are not able to make medical decisions on your own. Common circumstances in which you may find PoA forms to be helpful include:
- You are aging or have declining health
- You reside in or are planning to move into a community care facility
- You expect to be hospitalized for surgery
- You are managing a terminal illness
Regardless of whether this Texas Medical Power of Attorney is being created as a result of an emergency or as part of a forward-looking plan, witnesses and/or notarization are highly encouraged as a best practice for protecting your document if its legitimacy is doubted.
What are the differences between a Texas Healthcare Proxy and a Texas Medical Power of Attorney?
At times, in researching the subjects of estate planning or elder care, you may hear the terms "healthcare power of attorney", "medical power of attorney" and "healthcare proxy" being used together. At the end of the day, they're one and the same. That said, it's entirely possible to give power of attorney over affairs that aren't related to health care, in which case, "proxy" typically is not the term of choice.
Do I need a lawyer for a Medical Power of Attorney?
Texas Medical PoA forms are usually straightforward; however, you or your agent could have questions. Locating an attorney to proofread your Texas Medical Power of Attorney may be relatively time-intensive. An easier option is through Rocket Lawyer attorney services. If you become a Premium member, you can get your documents evaluated by an experienced attorney. You can rest assured that Rocket Lawyer will be here to support you.
On average, what would I usually need to pay to get a Power of Attorney form for health care in Texas?
The fees associated with hiring a legal provider to produce a Medical Power of Attorney might add up to anywhere from $200 to $500, depending on your location. Unlike many other Power of Attorney template websites that you might find elsewhere, Rocket Lawyer offers members up to a 40% discount when hiring a lawyer, so an attorney can represent you if you ever require help.
Will there be any additional actions that I should be sure to take after making a Texas Medical Power of Attorney?
With a Premium membership, you can make edits, save it in PDF format or as a Word file, and print it out. To make your Power of Attorney legally binding, you will need to sign it. Your agent(s) and care providers should get a copy of the fully executed document.
Does a Medical Power of Attorney need to be notarized, witnessed, and/or recorded in Texas?
The rules for PoA forms are different in each state; however, in Texas, your document will usually need to be acknowledged by a notary public or signed by two witnesses. The document must be witnessed by two people and notarized if you intend to grant authority over your burial or cremation. No more than one witness to your PoA form can be your attending physician or any other healthcare facility employee who is providing direct care to you or is a business administrator of the facility or its parent organization. In addition, only one witness can be a relative (including your spouse, adoptees, or family members), heir, or beneficiary. Finally, as a general principle, your witness(es) must not be under the age of 18, and none of them should also be named as your PoA agent.
See Texas Medical/Healthcare Power of Attorney law: Health and Safety Code, Title 2, Chapter 166, Subchapter D