A brief of medical power of attorney in Texas

The medical power of attorney is a kind of advance notice that provides an easy way to talk to your healthcare provider and to name someone you trust to make healthcare decisions for you when you can’t make a decision for yourself.

Medical Power of Attorney permits someone to select somebody else to create health judgments on their behalf. A principal may give the agent limited or unfettered powers to perform any kind of responsibility.

When does an agent use medical power of attorney:

• An employee of your physician or healthcare provider.
• Someone you decide to make healthcare decisions for you when you can’t is your ‘agent’. Any suitable adult can be an agent, except the healthcare provider or your doctor.
• An employee of your residential healthcare provider.
• Your residential healthcare provider(Nurse).

You should select someone you trust to operate according to your desires. You want someone who has the right knowledge of your wishes, including religion, your values, and your moral beliefs, and your medical choices are in your ideal interests.

Your doctor must tell you in writing that you can’t make your own health-care judgments. Your agent can’t create medical decisions for you unless you can make decisions for yourself.  The doctor’s certificate goes with your medical file. Your agent only can make medical judgments for you until you can do them again. You can cancel your Medical Power of Attorney at any moment.

What an agent can decide with medical power of attorney:

If the medical power of attorney does not limit the power of the agent, they can take the most medical decisions. But,

The agent cannot:

• Decline care that will keep you comfortable.
• Can’t hospitalize you for mental health services,
• Can’t have an abortion, or
• Can’t treat convulsions or psychosurgery,

What do I need to do to get my Medical Power of Attorney legal:

You must sign your Medical Power of Attorney with two witnesses or your signature must be accepted by the notary public.

You will also need to read a disclosure notice that describes what a medical power of attorney accomplishes, and you will be required to sign a statement stating that you have read & understood the disclosure statement.

As mentioned, medical power of attorney can be signed in front of a notary public without the need for a witness.

Who is able to be a witness?

Witnesses must be above eighteen years old.

And, who can’t be a witness:

• Your wife or a relative(Provider):

Anyone who has a claim against your property or who owns a portion of your estate.

• Your agent: An employee of your residential care or your residential maintenance provider.

How do you cancel/revoke a Medical Power of Attorney?

You can cancel/revoke a Medical Power of Attorney if you can’t make your own medical decisions. 

To revoke it, you can:

• Tell your residential care provider or doctor, in writing or personally.
• Tell the agent, in writing or personally.
• If your wife is your agent, the medical power of attorney automatically expires when you divorce.
• Sign a new medical power of attorney or do something which shows you want to withdraw power.