Medical Power of Attorney in Texas

Texas uses a Medical Power of Attorney, which must be in substantially the statutory form. It must be signed in the presence of two qualified witnesses who also sign, or signed and acknowledged before a notary instead of witnesses.

Texas provides a Directive to Physicians and Family or Surrogates (living will) and a Medical Power of Attorney, each with a statutory form. Either must be signed in the presence of two qualified witnesses (at least one of whom must meet additional qualification rules) who also sign, or signed and acknowledged before a notary instead of witnesses. The medical power of attorney must be in substantially the statutory form.

Texas's living will is the 'Directive to Physicians and Family or Surrogates,' with a statutory form. It must be signed in the presence of two qualified witnesses who also sign (at least one of whom must meet additional qualification rules), or signed and acknowledged before a notary instead of witnesses.

Texas has an official form for a financial power of attorney: the "Statutory Durable Power of Attorney" in Tex. Est. Code 752.051. The form itself states that it does not authorize anyone to make medical or other health care decisions. To be a durable power of attorney it must be signed by the adult principal (or by another adult at the principal's direction in the principal's conscious presence), contain durability language, and be acknowledged before an officer authorized to take acknowledgments and administer oaths, such as a notary (Tex. Est. Code 751.0021). For health care, the "Medical Power of Attorney" must be in substantially the form in Tex. Health & Safety Code 166.164; it must be signed in the presence of two competent adult witnesses, at least one of whom is not the named agent, a relative, an heir, the attending physician or certain health care employees, or instead signed and acknowledged before a notary public (166.154, 166.003).