What a Medical Power of Attorney Does in Texas

A medical power of attorney in Texas is a legal document that lets you name someone to make healthcare decisions for you if you cannot make them yourself. That person—called your agent—can consent to or refuse medical treatment, choose doctors, access your medical records, and decide about life support. You stay in control as long as you are able to decide; your agent only steps in when you cannot.

Texas calls this document a "Medical Power of Attorney" under the Texas Health and Safety Code, Section 166.031. It is different from a living will, which states your wishes about end-of-life care. You can have both, and many people do.

Key Takeaways

  • You must be at least 18 years old and mentally able to understand what you are signing when you create a medical power of attorney in Texas.
  • Texas does not require a notary, but having your document notarized makes it stronger and easier for hospitals to accept.
  • You can use the official Texas statutory form from the State Bar of Texas or write your own, as long as it follows Texas law.
  • Your agent must be at least 18 years old and cannot be your doctor, hospital employee, or nursing home employee unless they are a family member.
  • Give signed copies to your agent, your doctors, and your hospital; keep one for yourself.

Who Can Be Your Agent

Your agent should be someone you trust completely with your healthcare decisions. Texas law says your agent must be at least 18 years old. You cannot name your doctor, a hospital employee, or a nursing home employee as your agent—unless that person is your spouse, parent, child, or sibling.

Many people name a spouse, adult child, or close friend. You can also name an alternate agent who takes over if your first choice cannot or will not serve. Tell your agent ahead of time that you are naming them and discuss what kinds of decisions matter most to you—for example, whether you would want life support in certain situations.

How to Create Your Medical Power of Attorney

You have two main routes: use the official Texas statutory form or write your own document. The State Bar of Texas publishes a standard form that hospitals and doctors recognize when ready. You can read it free from the State Bar website or ask your doctor's office for a copy.

If you write your own, it must include your name, your agent's name and contact information, a clear statement that you are giving your agent power to make healthcare decisions, the date, and your signature. You can describe limits—for example, "my agent cannot decide to remove life support"—or leave it open. Texas law does not require a notary, but notarizing the document (having it signed in front of a notary public) makes hospitals more likely to accept it without question.

You do not need a lawyer to create a medical power of attorney in Texas, though you can hire one if you want to. Many legal aid organizations and senior centers offer free or low-cost help with these documents.

Signing and Witnessing Requirements

You must sign the document yourself, or direct someone else to sign it in your presence if you cannot write. You need at least one witness who is not your agent and not related to you by blood or marriage. Some people use two witnesses for extra protection, though Texas requires only one.

Your witness should watch you sign (or direct someone to sign for you) and then sign the document themselves. The witness should not be your spouse, parent, child, or sibling. If you have the document notarized, you do not need a witness—the notary's seal replaces that requirement.

Notarizing Your Document

Notarizing is optional but worth doing. A notary public is someone licensed by the state to verify your identity and witness your signature. When a notary stamps and signs your medical power of attorney, hospitals and doctors treat it as authentic without calling to verify.

You can find notaries at banks, law offices, UPS stores, and some pharmacies. Bring a photo ID and your unsigned document. The notary will watch you sign, check your ID, and add their seal. The cost is usually five to fifteen dollars. If you use a notary, you do not need a separate witness.

What Happens After You Sign

Give a signed, original copy to your agent and keep one for yourself. Give copies to your primary care doctor and to any hospital where you receive regular care. Ask your doctor to put it in your medical file. If you are admitted to a hospital, bring a copy with you or have your agent bring one.

You can revoke (cancel) your medical power of attorney at any time by destroying all copies, signing a written revocation, or telling your agent and doctor that it is no longer in effect. If you change your mind about who your agent is, you can create a new document naming someone else; the new one overrides the old one.

When Your Agent Can Act

Your agent can only make decisions when you are unable to do so. "Unable" means you cannot communicate your wishes or understand the medical situation—for example, you are unconscious, sedated, or have advanced dementia. Your doctors will determine whether you are able to decide. As long as you can communicate, you make your own decisions, even if your agent disagrees.

Your agent must follow your wishes as closely as possible. If you wrote down specific instructions—"I do not want a feeding tube" or "I want everything possible done to keep me alive"—your agent must honor them. If you did not write instructions, your agent should decide based on what they believe you would have wanted.

Frequently Asked Questions

Do I need a lawyer to make a medical power of attorney in Texas?

No. You can create one yourself using the State Bar of Texas form or your own words, as long as you follow the signing rules. A lawyer can help if your situation is complex or if you want to combine it with other documents like a will or living will.

Can I change my mind after I sign?

Yes. You can revoke it anytime by destroying the copies, signing a written revocation, or telling your agent and doctor it is no longer in effect. Create a new document if you want to name a different agent.

What if my agent is not available when a decision needs to be made?

That is why naming an alternate agent is useful. If your first agent cannot be reached, your alternate steps in. If you have no alternate and your first agent is unavailable, doctors will try to reach family members in a legal order set by Texas law.

Does my agent get paid?

Not automatically. Your agent is usually a family member or friend acting without payment. You can agree to pay them for their time and effort, but you are not required to.

Can my agent override my wishes?

No. Your agent must follow the instructions you wrote down and must decide based on what you would have wanted. If your agent acts against your known wishes, you can revoke their authority or, in extreme cases, take legal action.