Medical Power of Attorney

Definitions

Principal - person creating the document
Agent - person acting on behalf of the principal
The agent becomes effective only when the principal's attending physician declares in writing the principal is unable to act. Regardless if the principal is declared incompetent, the principal may overrule a decision by an agent.

Medical Power Of Attorney Requirements

A medical power of attorney is effective the day it is signed. Two witnesses are required to sign the medical power of attorney, one of whom is not related to the principal nor receiving money from the estate in any manner. A notary is also required.

If the principal is unable to sign but is competent and able to give directions, another person may sign the power medical power of attorney.

The principal can revoke the document by notifying the agent or health care provider or creating a new document.

Anyone age 18 or older may serve as an agent except for anyone employed by the principal's health care provider or residential care provider (unless a relative). As long as the agent is acting under good faith, the agent is not held liable for health care decisions.

Agent Powers

When a doctor declares the principal incompetent and files a certification in principal's medical records, the agent has a wide range of powers related to treatments (with notable exceptions of voluntary inpatient mental health services, convulsive treatment, psychosurgery or abortion). Choose a medical power of attorney wisely. Discuss with your doctor and your potential agents your views, beliefs, wishes and concerns prior to drawing up medical power of attorney documents.

You may wish to provide copies of the medical power of attorney to your primary physician and your agents.

If you have any questions about a medical power of attorney in Texas, consult an experienced local attorney in Texas.