Texas Medical (Health Care) Power of Attorney Form

The Texas Medical (Health Care) Power of Attorney has the effect of empowering an individual (called the Declarant) to record their own decisions regarding their own medical treatment decisions. The Declarant can use the form to state specific health care instructions that must be followed by an Agent they name and/or their health care providers. In order for the form to be valid, the Declarant must be competent at the time of the form’s creation and execution—a state described by Sec. 166.002 as “possessing the ability, based on reasonable medical judgment, to understand and appreciate the nature and consequences of a treatment decision, including the significant benefits and harms of and reasonable alternatives to a proposed treatment decision.”

State Laws & Signing Requirements

State Laws – Advance Directives Act

Signing Requirements (§ 166.032) – State law demands that a Declarant signs the Advance Directive in the presence of either:

  • Two (2) witnesses, who are also required to sign the document. At least one (1) of the witnesses must be qualified for such a responsibility, as per the witness criteria in § 166.003, or
  • A Notary Public.