In the Lone Star State, a medical power of attorney (MPOA) is an important legal document that empowers Texans to maintain control over their healthcare decisions, even when circumstances make it impossible for them to communicate their wishes.
“A medical power of attorney gives someone else the right to make decisions about their medical care on their behalf,” says the Texas State Law Library.
This powerful tool ensures that your medical preferences are respected and followed, providing a framework for your healthcare decisions in the event of incapacitation, unconsciousness, coma and other circumstances where you are unable to make medical decisions for yourself.
“Medical powers of attorney are important parts of long-term financial, medical and estate planning,” explains SmartAsset.
A Medical Power of Attorney, also known as a healthcare power of attorney, is a legal document that designates an agent to make healthcare decisions on your behalf when you're incapacitated.
“In the event that you cannot make decisions about your own medical care, this document would allow someone you trust to make those decisions for you. It is a common part of later-life planning and legal preparations for people with disabilities,” says the Texas Law Library.
This document allows you to choose someone who understands your values, beliefs, and medical preferences to act as your advocate in medical matters.
“A medical power of attorney makes it clear to healthcare professionals whom you wish to make healthcare decisions for you. It is not the same as a general power of attorney in that the medical power of attorney speaks to healthcare decisions,” says TexasLawHelp.org.
A medical power of attorney in Texas goes into effect once your primary healthcare provider determines you no longer can make your own healthcare decisions.
Your primary healthcare provider must document this determination in writing before your medical power of attorney agent can begin making decisions on your behalf.
TexasLawHelp.org says that the medical power of attorney begins “when your doctor says in writing that you cannot make medical decision for yourself” and lasts until:
“If the power of attorney expires when you are incompetent, it will stay in effect until you are competent or until you revoke it,” says TexasLawHelp.org.
There are some clear benefits to having a medical power of attorney in place.
“Medical powers of attorney enable Texans to pre-select trusted advocates to speak for them if illness or injury prevents their own medical decision-making,” says SmartAsset.
Benefits include:
The Texas Law Library notes that a medical power of attorney differs from a “living will,” which allows you to state what medical procedure you do and do not want performed.
“For example, a living will would allow you to tell doctors that you do not want to receive a blood transfusion. A medical power of attorney does not discuss specific procedures but instead gives someone else the authority to make decisions about those procedures for you,” explains the Texas Law Library.
Creating an MPOA in Texas is a straightforward process. You can obtain a medical power of attorney form from a trusted source such as Sloan Docs.
It's important to sign the document in front of a notary or have it witnessed by two qualified individuals.
Both witnesses must be at least 18 years of age, according to TexasLawHelp.org, and one of the witnesses cannot be:
“You also have to read a disclosure statement that explains what a medical power of attorney does, and you have to sign a statement saying that you read and understand the disclosure statement,” says TexasLawHelp.org. “As noted, the medical power of attorney can be signed before a notary public without needing witnesses.”
Selecting the right agent for your medical power of attorney is crucial.
Your agent should be someone you trust implicitly and who understands your medical wishes and values. It's important to have open and honest conversations with your agent about your healthcare preferences to ensure they are fully informed when making decisions on your behalf.
In Texas, your agent cannot be:
“You designate an agent to make these decisions for you. People often name spouses, children or parents, but there are no restrictions on who can be your agent,” says SmartAsset.
Unless specified otherwise in the document, your agent has the power to make most medical decisions for you. However, there are some limitations:
While a medical power of attorney focuses solely on healthcare decisions, a durable power of attorney encompasses broader financial decision-making powers.
It's important to have both documents in place to ensure comprehensive coverage of your healthcare and financial needs. Some of the key differences between a MPOA and a durable power of attorney (DPOA) are:
Scope of authority:
Activation:
Decision-making areas:
Agent's powers:
Duration:
Legal requirements:
A medical power of attorney executed in Texas may or may not be valid in other states.
If you're planning to move, it's advisable to consult with a lawyer or research the laws of that state to determine if your MPOA needs to be updated.
TexasLawHelp.org also notes that a medical power of attorney (or similar document) that was validly executed in another state is valid Texas, but only to the extent the document, agent, or treatment is allowed under Texas law.
You have the right to revoke or cancel your Medical Power of Attorney at any time.
If your spouse is your agent, the Medical Power of Attorney automatically ends if you get divorced.
TexasLawHelp.org says to revoke or cancel your medical power of attorney you can:
A medical power of attorney is an essential component of comprehensive healthcare planning in Texas.
It ensures that your medical wishes are respected, reduces family stress during difficult times, and provides legal protection for your healthcare choices.
By carefully selecting an agent and clearly communicating your preferences, you can have peace of mind knowing that your healthcare decisions will be honored, even if you're unable to make them yourself.
Take control of your medical future today by creating a medical power of attorney. With Sloan Docs, you can easily create this crucial document along with other essential estate planning tools.
Our user-friendly templates, powered by Rally Legal, allow you to complete your medical power of attorney quickly and affordably. Protect your healthcare rights and give your loved ones peace of mind — visit Sloan Docs today to get started on your medical power of attorney.