The Texas power of attorney, or healthcare power of attorney, is a legal document that delegates the authority to make healthcare decisions from one party, called the principal, to another party, called the agent or attorney-in-fact.
The principal usually issues the medical power of attorney if they are of unstable physical or mental health and want to authorize another person to make medical decisions in case they become unable to do so.
The document can include the medical power of attorney rights and limitations and define the scope of authority their agent will have.
Laws and Legal Requirements for a Medical Power of Attorney in Texas
Chapter 166, Subchapter D of the Texas Health and Safety Code regulates the status of medical power of attorney in Texas.
Section 166.154 provides the signature requirements. It provides that the principal should sign the document before at least two witnesses or a notary public.
According to Section 166.042, the principal can revoke the medical power of attorney by physically destroying the document, by notifying the attending physician about their intention to revoke the document, or by issuing a medical power of attorney revocation.
How to Write a Medical Power of Attorney in Texas
To draft a valid medical power of attorney in Texas, you should follow the step-by-step process outlined below:
How to Write a Medical Power of Attorney
#1. Access the Medical Power of Attorney Form
Here, you can find the Texas medical power of attorney template. All you have to do is fill it out according to the instructions provided by our professional document builder.
First, you should provide the basic information about the document and the principal, such as:
Date of issuing the medical power of attorney
Principal’s full name, mailing address, and contact details.
#2. Appoint a Healthcare Representative
A healthcare representative is your agent or attorney-in-fact. In this section, you should name the person you want to authorize to make healthcare decisions on your behalf.
The healthcare representative must be an adult and have legal capacity. Moreover, you should choose someone you can trust, considering that they will have the authority to make decisions about important aspects of your life.
In the medical power of attorney form, enter your agent’s full name, mailing address, and contact details.
#3. Identify an Alternative Healthcare Representative
The alternative healthcare representative is a person who can make decisions about your healthcare only in case the primary healthcare representative becomes unable to act. This can happen if the primary healthcare representative passes away, loses legal capacity, or, in another way, becomes unable to act.
The alternative healthcare representative should fulfill the same requirements as the primary You can appoint one or more people to act as your alternative healthcare representatives.
#4. Identify the Witnesses and Have Them Sign the Form
After finalizing the medical power of attorney form, you should print and sign it in front of at least two witnesses. The witnesses must be adults with the legal capacity to act.
By signing the document, the witnesses will confirm your identity and acknowledge that you have personally signed the document.
#5. Notarize the Form
Additionally, you can sign the medical power of attorney before a notary public. The notary public will confirm your identity and acknowledge the document's authenticity. This will provide additional security for all the parties involved and prevent potential misunderstandings and fraudulent activities.