Free Texas Medical Power of Attorney Forms
A medical power of attorney (MPOA) form is a legal document that gives permission to an individual known as an attorney-in-fact or agent to make healthcare decisions on behalf of another person.
The party that creates the document is known as the principal. The principal assigns the agent to make critical medical decisions for them in the event they become incapacitated.
Texas Medical Power of Attorney Laws
Different acts and laws determine how a medical power of Attorney can be created and used in each state.
Within the Texas Health and Safety Code, you can find all the laws that govern and define a medical power of attorney in Texas. These laws can be found in the following act:
- Texas Advance Directives Act: This chapter of the Texas Health and Safety Code (§166.002) specifies how and when a directive, MPOA, and do-no-resuscitate order are issued, carried out, and annulled.
Signing Requirements in Texas
Each state has its own signing requirements that must be met to create a medical power of attorney. In Texas, the MPOA must be signed in the presence of either:
- Two witnesses
- Notary public
According to the Texas Health and Safety Code (§166.154), if the document is signed in front of two witnesses or a notary public, it will be considered legally valid.
If you are the principal, the two witnesses** cannot be any of the following**:
- Your agent
- Family members or anyone related to you through marriage
- Anyone entitled to your estate after death
- Your physician
- Someone who works for your physician
- Anyone who works in the health care facility where you are being treated
- An officer, manager, or partner of the health care facility where you are being treated
- Anyone who can lay a claim against any part of your estate after you pass away
How to Write a Medical POA in Texas
To correctly write your Texas MPOA and ensure that your medical preferences will be respected, simply follow the steps below.
Download a Medical Power of Attorney Template
To quickly and correctly create your MPOA form, you should use a printable template. This allows you to easily draft your document without mistakes and to avoid excessive attorney fees.
Designate Your Agent
If you haven’t already done so, you must** find someone that you can trust** to make medical decisions that will be in your best interest if you become incompetent.
Once you find the individual that you can trust to follow your preferences responsibly, you can name that person as your agent. In most cases, a spouse, close relative, or trustworthy friend is chosen to be an agent.
The agent’s personal and contact information must be provided. You may also include any limitations on the agent’s powers.
The agent cannot be anyone directly involved in your healthcare treatment or work in the facility in which you are a patient.
List Alternate Agents
In case your primary agent can not or will not perform the responsibilities that you’ve designated, you should list at least two alternate agents.
You must also include their personal and contact information in the medical power of attorney form as well.
Provide Your Healthcare Preferences
In this section, you can provide your preferences regarding** end-of-life medical decisions and treatment**.
For example, you may wish to include if you would like a feeding tube left in or not, and more. By providing this information, your agent will know exactly which treatments should be allowed or refused if the situation arises.
Include Witness Testimony and Signatures
Specify the location and date that you and the agent are signing the document. Along with your signatures, the two witnesses must also sign and date the form.
If the document will be signed in front of a notary, they must include their acknowledgment in the MPOA form, including location, name, signature, and date.