What Is a Texas Medical Power of Attorney?
A Texas medical power of attorney is a legal document that grants someone (your agent) the authority to make medical decisions for you if you are unable to do so. This applies in situations such as:
- being unconscious due to an accident or medical condition
- having an illness that affects cognitive function
- undergoing anesthesia during a major surgery
- any circumstance where a doctor determines you cannot make informed decisions
The document only takes effect when your attending physician confirms that you are unable to make medical choices on your own. Until then, you remain in full control of your healthcare decisions. Patients under the age of 18 who require a medical POA may need a specialized minor (child) POA form.
Who Can Be Your Agent?
Your agent must be a:
- competent adult who is 18 years or older
- trusted person who will act in your best interest
- qualified individual who is not your attending doctor or an employee of a healthcare facility treating you, unless they are related to you
Your agent is legally required to make decisions based on your documented wishes, religious beliefs, or what they believe is in your best interest.
If you’re also considering other types of powers of attorney, such as a Texas durable power of attorney, it’s essential to understand the specific responsibilities and limitations that might apply.
Texas Medical Power of Attorney Requirements
To ensure your Texas medical power of attorney is legally valid, it must comply with state laws. Our document editor and attorney-drafted template will help ensure you meet these requirements.
- Statute: Title 2, Chapter 166 (Advance Directives)
- Signing Requirements: Two witnesses or a notary public [1]
Witness Restrictions
The following individuals cannot serve as witnesses:
- The person you designate as your agent
- Your attending physician
- An employee of your doctor or healthcare provider
- A beneficiary of your estate
- Anyone who has a claim against your estate
How to Get a Medical Power of Attorney in Texas
To create a valid Texas medical power of attorney, you need to follow a few simple steps. You can use Legal Templates to start filling out your MPOA with our guided document editor. The editor will walk you through each section, making it easy to complete the form accurately and efficiently.
1. Choose Your Agent
Select a responsible person who understands your medical preferences and will act in your best interest. You can also name an alternate agent in case your primary agent is unavailable.
2. Outline Your Medical Preferences
Consider specifying your wishes regarding:
- life support and end-of-life care
- organ donation
- pain management
- use of feeding tubes or ventilators
- any religious or ethical considerations
3. Complete the Texas Medical Power of Attorney Form
Ensure all sections of the document are properly filled out, including:
- Your full legal name
- Your agent’s contact information
- Any additional instructions for your agent (optional)
4. Sign in Front of Witnesses or a Notary
Texas law requires either two qualified witnesses or a notary public. Make sure your document meets all legal requirements to prevent any disputes.
If using a notary, ensure you use a Texas notary acknowledgment form to avoid potential complications.
5. Distribute Copies to Relevant Parties
Once completed, share copies with:
- your designated agent
- your healthcare providers
- family members who should be aware of your wishes
How to Revoke a Texas Medical Power of Attorney
You can revoke your MPOA at any time, regardless of your mental state. Methods of revocation include:
- Destroying the document (e.g., shredding, tearing, or burning it)
- Signing and dating a written revocation statement
- Verbally revoking the document in front of witnesses
Once revoked, notify your agent and healthcare providers immediately to prevent confusion.
Texas Medical Power of Attorney vs. Advance Directive
Many people confuse a medical power of attorney with an advance directive. Here’s how they differ:
| Feature | Texas Medical Power of Attorney | Advance Directive |
|---|---|---|
| Purpose | Appoints an agent to make medical decisions | States specific medical wishes in writing |
| When It Takes Effect | When you become incapacitated | When you are terminally ill or permanently unconscious |
| Who Makes Decisions | Your agent | Your written instructions |
Many Texans choose to have both documents to ensure their healthcare preferences are fully protected.
Secure Your Healthcare Decisions
Creating a Texas medical power of attorney is essential for ensuring your healthcare wishes are respected. With Legal Templates, you can easily:
- customize your MPOA form to suit your needs
- ensure compliance with Texas state requirements
- download, print, or share your document quickly
Let Legal Templates guide you through the process with confidence and ease.
Sample
Below, you can view a sample Texas medical power of attorney. You can customize this template using our document editor and then download it in PDF or Word format.
Frequently Asked Questions
How long does a Texas medical power of attorney last?
A Texas MPOA remains in effect until it is revoked, you pass away, or a court declares it invalid. If you want your MPOA to cover end-of-life care, you may also need an Advance Directive.
Do I need a lawyer to create a medical power of attorney in Texas?
No, you do not need a lawyer. You can create a legally binding Medical Power of Attorney using a Texas-approved template and following the legal guidelines. However, if your situation is complex, consulting an attorney may be beneficial.
How much does a medical power of attorney cost in Texas?
The cost of creating a medical power of attorney in Texas generally ranges from $200 to $500 when hiring an attorney. If you prefer a more affordable option, using online services, such as Legal Templates, can significantly reduce costs, often starting around $35, plus notary fees. The total cost can vary depending on factors like complexity and location.
