A Medical Power of Attorney is the Texas document that names a health care agent — the person who makes medical decisions for you when your physician certifies in writing that you cannot make them yourself. Texas prescribes the form in Health and Safety Code § 166.164, right down to the disclosure statement you must read before signing. Here is what the document actually does and how to execute it so a hospital honors it.
What your agent can decide — and when
Once your physician certifies in writing that you lack the competence to make health care decisions, your agent may make any and all health care decisions for you, except those you limit in the document — and the statute directs the agent to follow your wishes, including your religious and moral beliefs.
The authority is broad because "health care" is broad: any treatment, service, or procedure to maintain, diagnose, or treat your physical or mental condition, including consenting to, refusing, or withdrawing life-sustaining treatment.
While you can still make your own decisions, you keep making them — the document does not take anything from you while you are competent, and treatment cannot be given or stopped over your objection.
What your agent can never consent to
Texas carves four decisions out of every medical power of attorney, no matter what the document says. Your agent may not consent to:
- voluntary inpatient mental health services;
- convulsive treatment;
- psychosurgery;
- abortion.
Choosing your agent (and alternates)
Choose someone you know and trust who is at least 18. If you appoint your own health or residential care provider — your physician, or an employee of a hospital or nursing facility who is not your relative — Texas makes that person choose between being your provider and being your agent; the law does not allow both at once.
Name at least one alternate. If your agent is your spouse and the marriage is later dissolved, the designation is automatically revoked by law unless the document says otherwise — an alternate keeps the document working.
Signing it correctly: notary or two witnesses
Texas gives you two execution paths, and you only complete one: sign before a notary public, or sign in the presence of two competent adult witnesses who also sign.
If you use witnesses, the first witness cannot be your agent, a relative by blood or marriage, an heir, a person with a claim against your estate, your attending physician or that physician's employee, or certain employees of the facility where you are a patient. The safest practice is two adult witnesses with no connection to your care or your estate.
The statutory form also requires you to read its built-in disclosure statement — the important-facts section — before signing. Our document includes it verbatim, along with plain-English signing instructions.
Medical Power of Attorney vs. Directive to Physicians
Texans usually pair two documents. The Medical Power of Attorney names WHO decides. The Directive to Physicians (the Texas living will) states WHAT you want for terminal and irreversible conditions — comfort care or life-sustaining treatment.
They work together: the directive guides your agent's decisions instead of leaving them to guess. Our Texas healthcare packet includes both documents, each with its statutory form and its own execution section.
Frequently Asked Questions
Does a Texas Medical Power of Attorney need to be notarized?
Only if you choose the notary path. Texas accepts either a notarized signature or your signature before two competent adult witnesses (with the first-witness restrictions). One path, completed fully, is enough.
When does my agent's authority start?
When your physician certifies in writing that you are unable to make your own health care decisions — not a moment before. While you are competent, you decide.
Can I revoke it?
Yes, at any time: tell your agent or your health care provider orally or in writing, or sign a new Medical Power of Attorney. Divorce automatically revokes a spouse's designation unless the document says otherwise.
Can I limit what my agent decides?
Yes. The statutory form has a dedicated limitations section. Anything you write there binds the agent — and anything you do not limit falls within the agent's full authority once your physician certifies incapacity.