What is a Medical Power of Attorney in Texas?

In Texas, a medical power of attorney is a legal document, also known as an advance directive, that gives an agent authority to make medical care decisions on your behalf in the event you become incapacitated or not able to make decisions. This can include decisions about treatment, health care, and hospitalization. Medical powers of attorney are not only for the elderly. Even those in their early twenties should consider preparing this advance directive in case of an illness or injury.

You can appoint anyone you trust to be your Medical Power of Attorney, such as a family member or close friend. It is important to have a Medical Power of Attorney in place in case of an emergency so that your loved ones can make sure you receive the care you need. Moving forward the person you designate will be known as your "Agent," "Health Agent," "Health Care Agent," or "Medical Agent."

Once you've chosen a healthcare agent, the next step is to decide which powers the healthcare agent will have. Choosing a person you can trust should be your priority. Remember that medical decisions should be made with care and compassion. It is important to choose an agent who is capable of handling these issues. The person you choose should be trustworthy, independent, and calm under pressure. In addition to being reliable, it is important to choose a healthcare agent who is willing to travel to your bedside should a situation arise that needs them make a decision on your behalf.

Regardless of the situation, a Medical Power of Attorney will help your loved ones make health care decisions if you are unable to make those decisions. These documents provide assurance to doctors, family members, and medical professionals that your wishes will be carried out in the event of your incapacity. A Texas Medical Power of Attorney will appoint a trusted person to speak on your behalf when you cannot.

What if I Do Not Have a Medical Power of Attorney Texas?

If you do not have a medical power of attorney in Texas then the hospital or medical provider will seek the answers regarding your health from someone who may not have your best interest in mind whether it be a family member, friend, or the doctor will make the decision on your behalf. To be incapacitated means that you are not in your right mind or not able to make a decision on your own due to an illness, injury, or coma. 

Under Texas law, there is a succession plan that is followed by medical providers in determining who is making the medical decisions on your behalf during incapacity or when you are not able to do so yourself which is as follows:

• Spouse, if applicable;
• An adult child if that child has been given consent by the other children;
• Majority of the children;
• Parents;
• Nearest living relative; or
• The medical provider 

For those who are not close to their family, this could be a major concern for that person. Additionally, currently engaged or have a life partner it should be noted that if you do not have the medical power of attorney in place then others will be making decisions on behalf of your medical care decisions instead of your loved one. 

How Do You Get a Texas Medical Power of Attorney?

The purpose of a medical power of attorney is to name someone to make health care decisions in the event that you cannot. Having a medical power of attorney is important for the protection of your loved ones should something happen to you are no longer able to communicate your wishes. A Texas medical power of attorney is a legal document that appoints an agent who acts on your behalf to make medical decisions when you cannot.

There are a few ways you can get a medical power of attorney. First, you can speak with your local medical provider to see if they provide the medical power of attorney prior to your procedure or health care treatment. Be sure to thoroughly read through the power of attorney to determine when the powers appointed terminate.

Second, you can consult with your Texas estate planning attorney to draft you a medical power of attorney that ensures all your wishes are acknowledged in the document and assign alternate agents in the event the primary agent is unavailable, incapacitated, or has predeceased you. 

Lastly, it is highly cautioned to use forms that are floating around on the internet because many of them are not valid in Texas and other state jurisdictions. It is appalling but many of the forms on the internet have not been drafted by attorneys thus they are no more than pieces of paper that hold no legal power in many states.  Please contact your local Texas estate planning attorney to provide you the correct information you need.



What are the Requirements of a Texas Medical Power of Attorney?

The Texas Medical Power of Attorney must be signed by a competent adult who is 18 years old or older of sound mind in the presence of a notary or two adult witnesses. You must assign an initial health care agent in the medical power of attorney. The health care agent does not need to be a lawyer or an attorney but it can be a close friend, family member, or adult child. Be sure to speak with the person you wish to serve as your health care agent because the health care agent must consent to serve in the role.

If the agent is a physician, he or she must not be listed as the person's healthcare provider. However, it is best to consult with your local medical provider to ensure there are no limitations or exceptions to your power of attorney before your procedure. Additionally, it is highly recommended to secure one or more successors who are healthcare agents in the event the initial agent is incapacitated or is not able to serve in the role for various reasons. 



How Long Does a Medical Power of Attorney Last?

A medical power of attorney is a Texas estate planning advanced directive that gives someone the authority to make decisions for another person who cannot make decisions for themselves. In Texas, a medical power of attorney can last for as long as the person who has it desires or until their death. For example, a person may want to give power of attorney to their spouse if they are going into the hospital for an extended period of time. They can set up a medical power of attorney in order to make decisions on behalf of their spouse while they are unable to do so themselves.

If you have a prior medical power of attorney but you want to make changes to it then it is recommended to create an updated power of attorney. In the new medical power of attorney be sure that your attorney has a clause in the document that revokes prior medical power of attorneys that were created prior to the new version. 



The purpose of a Medical Power of Attorney is to appoint a person to make medical decisions in the principal's best interests if that person becomes incapacitated. A person can designate an agent to make these decisions with broad authority. Thus, make sure there are no older medical powers of attorney that grant these powers to people you no longer wish make decisions on your behalf. 

If you or your loved one is unable to make medical decisions, it is important to have a medical health care agent. This is because if you or a loved one becomes unable to communicate your wishes, the agent will have the authority to make medical decisions. Having a medical power of attorney is essential if you have a medical emergency or serious illness. A Texas estate planning lawyer can help you create a medical power of attorney.

While the duration of a Medical Power of Attorney depends on the powers you grant your agent, you should consider all of the options before signing a document. Make sure you talk to your Texas estate planning attorney and health care agent before signing the document. 

When Does the Medical Power of Attorney Become Effective for the Agent to decide for You?

The medical power of attorney has two options for when it grants the power to an agent to make decisions on your behalf. The first option that you can select is making the power of attorney effective immediately even before you become incapacitated or cannot make decisions on your own.

The second and most common option is the medical power of attorney becoming effective the moment that you become incapacitated or cannot make decisions on your own. It is in your best interest to speak with your family and a Texas estate planning attorney to properly go through the powers you wish to bestow to the agent and when will it become effective.

As mentioned previously, it is not recommended to use sample medical powers of attorney that are floating around the internet because these powers should be properly administered and be ensured they are effective in Texas or your local jurisdiction. 



Does a Medical Power of Attorney in Texas Have to be Notarized?

Many people mistakenly believe that a medical power of attorney needs to be notarized in Texas in 2024. The truth is that this does not have to be the case. In fact, the state of Texas allows a medical power of attorney to either be notarized or witnessed by two competent adults for the power of attorney to be valid.

You should not sign the medical power of attorney while not in the presence of the notary or the two witnesses. The health care agent you select to make decisions on your behalf does not have to be present when you are signing the power of attorney but make sure you provide the initial agent and the secondary health care agent receive copies of the document so they can provide it to your health care providers or hospital in the event you are incapacitated or cannot make decisions on your own. 

Durable Power of Attorney vs Medical Power of Attorney: Can a Medical Power of Attorney be Used for Financial Decisions? 

No, a medical power of attorney is only used for making health care decisions on your behalf in the event you cannot do so on your own or become incapacitated. If you would like an agent to make financial decisions for you then you should have a Texas durable power of attorney made to accomplish the financial decisions you desire if you are nor able to do so on your own.

You should consult with your local Texas estate planning attorney to ensure you have a complete estate plan that consists of both the medical power of attorney, a durable power of attorney, and other essential estate planning documents such as a Texas will or trust. 



What Other Kinds of Advanced Directives or Legal Documents Should be Considered in Texas Estate Planning?

We have spoken extensively about a medical power of attorney in this article but you should strongly consider making sure your Texas estate plan includes some or preferably all of the documents listed below:

• Will or Trust 
• Directive to Physicians
• Medical Power of Attorney 
• Living Will
• Out of Hospital Do-Not-Resuscitate (DNR) 
• Durable Power of Attorney
• Disposition of Remains Agent Form
• Pour-over Will



If you need advice on any of these documents please feel free to contact us to go over these with you in a free phone consultation.

Do You Need More Information About Your Medical Power of Attorney?

Masterly Legal Solutions is the premier choice in Texas for estate planning. We have offices in Dallas, Houston, Austin, and Grand Prairie, but we serve members of the community throughout the state of Texas. We offer flat rate fees for estate plans and provide free in-home service at no additional cost or fees. Please contact us at (972) 236-5051.

Please note the information provided in this article is for educational purposes only and is not legal advice. Each circumstance is different so you should contact us to provide you the legal advice you need.