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Making a Texas Healthcare Power of Attorney
A Texas Healthcare Power of Attorney is a legal document that gives a trusted person the authority to make healthcare decisions on your behalf, such as refusing or accepting a specific medical treatment, when you cannot do so.
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.
It's fast and simple to grant or obtain the support you need with a free Texas Healthcare Power of Attorney template from Rocket Lawyer:
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.
Anyone who is over 18 should have a Healthcare 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:
Regardless of whether this Texas Healthcare 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.
At times, in researching the subjects of estate planning or elder care, you may hear the terms "healthcare proxy" and "healthcare power of attorney" 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.
Texas Medical PoA forms are usually straightforward; however, you or your agent could have questions. Locating an attorney to proofread your Texas Healthcare 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.
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.
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.
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 Healthcare Power of Attorney law: Health and Safety Code, Title 2, Chapter 166, Subchapter D
Last reviewed or updated 08/27/2021