Medical Power of Attorney

What it does

A Medical Power of Attorney lets someone you choose make medical treatment decisions for you, including refusing or authorizing treatment, whenever you cannot make them yourself (Tex. Health & Safety Code § 166.151 and following). It is how you choose who decides, and in what order, and your agent's decisions supersede wishes stated in a Directive to Physicians.

A Medical Power of Attorney allows someone you designate to make medical treatment decisions for you if you are not able to act. A Medical Power of Attorney is the only way to require your medical treatment provider to act in accord with the directions of someone you trust.

Chapter 166, Subchapter D of the Texas Health and Safety Code (§ 166.151 and following) provides the authority for you to make a Medical Power of Attorney. It is very important that you choose someone you trust to perform this job since, with certain exceptions, the person you choose will have the enforceable authority to make any treatment decision you could make if you were to have capacity to do so, including refusing or authorizing treatment.

The person to whom you have granted a Medical Power of Attorney has authority to make decisions that supersede any wishes you have made known through a Directive to Physicians ("Living Will").

You should name an alternate (or two) in case your first choice is not able to act.

A spouse does not automatically have authority to make health-care decisions for the other spouse. Similarly, a parent does not automatically have authority to make health-care decisions for an adult child, although the parent is the "natural guardian" of a minor child, subject to court appointment of a legal guardian of the person. A Medical Power of Attorney is how you choose who decides, and in what order, rather than leaving it to statutory defaults and family agreement.

What it does not do

A Medical Power of Attorney does not state your own wishes about life-sustaining treatment; that is the Directive to Physicians, and many people sign both. Your agent may make any treatment decision you could make, with certain exceptions under Chapter 166 of the Texas Health and Safety Code, and only when you cannot decide; it does not cover your property.

How it must be signed

You sign the Medical Power of Attorney before two adult witnesses, at least one of whom is not your agent, a relative, an heir or beneficiary, or your health-care provider (Tex. Health & Safety Code §§ 166.154, 166.003), or, instead of witnesses, before a notary.

Section 166.154 sets the signing requirements: two qualified witnesses or a notary. Section 166.164 provides the statutory form.

Common questions

How much does it cost?

$20, flat fee.

How must it be signed?

Before two adult witnesses, at least one of whom is not your agent, a relative, an heir or beneficiary, or your health-care provider (Tex. Health & Safety Code §§ 166.154, 166.003) — or, instead of witnesses, before a notary.

My spouse would decide anyway. Do I still need one?

A Medical Power of Attorney is the only way to choose who decides, and in what order, rather than leaving it to statutory defaults and family agreement.

Does it include a HIPAA authorization?

Yes. The document includes a HIPAA release so your agent can obtain your medical information.

How is it different from a Directive to Physicians?

The Medical Power of Attorney names a person to decide. The Directive states your wishes about life-sustaining treatment. Many people sign both.