Texas Medical Power of Attorney

Texas Medical Power of Attorney (MPOA) is a legal document that allows you, as the principal, to name the other person (the agent) to be responsible for the decisions that are connected with your treatments and other medical processes. This is done only in cases when you can no longer make those decisions by yourself.

Medical POA is usually a durable power of attorney form, and for it to become a legal document, you need to do the following:

  • Either put your signature into it in the presence of two witnesses (in accordance with Sec.166.154),
  • Or have your POA form notarized by a notary public, in which case witnesses are not necessary.

Requirements for the Witnesses of your POA

Two people are required for your POA form to be legally proved, and both of them should reach 18 years old.

Moreover, one of your witnesses can play any role in your life, but another should be someone who is not one of the following:

  • Primary doctor or one in their employ
  • Agent
  • Residential health care provider or his employee
  • Spouse or relative

A person with an entitlement to your property or anyone else who might have claims against it is also prohibited from being the second witness.

Terms Under Which an Agent Should be Chosen

Almost any person can be chosen for the role of being your agent, except for the following ones:

  • Your physician
  • An employee of your physician or health care provider. Only if this person is not your relative, he or she can become your agent
  • Your residential health care provider and its employee. Again, here the only exception would be the fact that this person is a relative.

Despite the fact that you can choose almost anyone for this job, be very careful when deciding: the person whom you will name your agent should know and respect your values, treatment wishes, and any other personal beliefs that may be connected with your future health decisions.

Otherwise, you may end up with an agent that agrees upon the decisions that are not playing in your favor.

Also, remember that in regard to this type of POA, you can only create it if your doctor actually declared in a written form that you no longer can make your own health care decisions, as only in this case an agent would be qualified to make them for you.

Arrangements that the Agent has a Right to Make

As with the previous discussion, here we again can say to you that almost any decision in regard to your health can be made by your agent, which is, again, the reason why you should choose very carefully.

Here is the list of actions that your agent cannot agree upon:

  • To make the convulsive treatment procedures or those connected with psychosurgery
  • To agree to an abortion
  • To commit you to some mental health centers
  • To refuse the treatment that would make your life easier and more comfortable

The Possibility for the Texas Medical POA to Work Outside of Texas

We cannot say for sure whether or not it would be valid, as different states have various law requirements: some might say that your POA is completely valid, while others may have limits to what can be written in the medical POA, which would contradict your document.

It can also be the case that the state does not allow out-of-the-state POAs at all.

In a reverse situation, a POA made in another state is legal in Texas only if the document’s content and the choice of an agent are allowed by Texas laws.

For you to be sure whether or not your Texas POA works in some other state, or whether or not your out-of-the-state POA works in Texas, please consult a lawyer.

The durability of the Medical Power of Attorney

As this is usually a kind of POA that is considered to be durable, it can last until you:

  • Make a new medical POA form where a new agent is chosen
  • Reestablish your right to make health-related decisions by yourself
  • Revoke the present POA form

However, in some situations, a medical POA form can actually have an expiration date, and, of course, this would be another reason for your document to stop working.

How to Fill Your MPOA

  • Download it and use any type of filling out that is known to you.
  • Print your name.
  • Step 1
  • Write down the personal information of your agent.
  • Step 2
  • Fill out the concrete actions that your agent is able to make.
  • Step 3
  • Place the information about alternate agents if it’s needed.
  • Step 4
  • Write down the place where the original document would be kept, and specify those people who would have copies.
  • Step 5
  • Duration can be filled only under special circumstances.
  • Step 6
  • Sign your POA.
  • Step 7
  • Let your notary sign the POA.
    Step 8
  • Or use two witnesses for that.
    Step 9

How you can Withdraw Your Medical POA

It is not necessary to reestablish your right to make your own health-related decisions to be able to revoke the current POA.

Here is a list of possibilities for you to revoke the medical POA:

  • Tell your doctor about this decision, which you can do either in person or in writing
  • Notify your agent, again, either in person or in writing
  • Sign a new medical POA, in which there would be a new agent
  • If the agent is your spouse, the medical POA stops working immediately after divorce.
This Site Authored by Power of Attorney Texas updated: June 9, 2021