![]() This article was originally published on Decemand updated on May 6, 2020.A power of attorney (or POA) is a legal document that grants a person or organization the legal authority to act on another's behalf and make certain decisions for them.Ī durable power of attorney, sometimes called an enduring power of attorney, is a power of attorney form that remains in effect even after the principal, or primary signer, becomes unfit to make informed decisions on their own, or is incapable of communicating their intentions. You can find out more by reading: Who Makes Medical Decisions If There Is No Power of Attorney. Texas has a statute that outlines who makes medical decisions if you do not have a power of attorney. Who Makes Makes Medical Decisions if I Don’t Have a Power of Attorney If you appoint your spouse as your agent, a divorce will revoke the medical power of attorney unless you provide otherwise. ![]() ![]() You can also revoke a medical power of attorney by executing a new one. The revocation will be effective regardless of whether your capacity to make health care decisions. You can revoke a medical power of attorney by notifying either your agent or your health care provider, orally or in writing, of your intent to revoke. Can I Revoke a Medical Power of Attorney? Regardless of the existence of a medical power of attorney or the declaration of incompetence, the statutes specify no medical provider can give or withhold treatment from you if you object. However, in the event that you cannot make these decisions, your “agent” can legally make medical decisions for you.Ī medical power of attorney authorizes your agent to act on your behalf only after your attending physician certifies in writing and files the certification in your medical records that based on his reasonable medical judgment, you are incompetent. When Does the Agent Have Authority to Act?Īs long as you are able to make medical decisions for yourself, you are the one in control. If the medical power of attorney has a specific termination date, but you are incompetent on that date, the medical power of attorney continues to be effective until you become competent. ![]() It is effective indefinitely unless it contains a specific termination date, you revoke it. The medical power of attorney becomes effective immediately after you execute it and deliver it to your agent. When Does a Medical Power of Attorney Become Effective? Signing in front of a notary public eliminates the need for signing in the presence of two witnesses. is an employee of a health care facility where you reside, if the employee provides direct care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.is related to you by blood or marriage.you have designated to make health care treatment decisions on your behalf.Also, at least one of the witnesses cannot be someone who: Witnesses who sign a power of attorney must be competent adults. If you are physically unable to sign, another person may sign the medical power of attorney with your name, so long as he or she signs in your presence and at your direction. signed by you in the presence of a notary public.signed by you in the presence of two witnesses, who also sign the document or.To be valid in Texas, a medical power of attorney must either be: What Are the Requirements of a Medical Power of Attorney in Texas? Unexpected injuries or illness can occur at any age, so all adults should have one in place. Medical powers of attorney are not just for the elderly. The medical power of attorney gives your agent broad power to make any health care decisions you could have made if you were not incapacitated, unless you specifically restrict his or her authority. The person you designate to make medical decisions for you is called an agent. A Texas medical power of attorney is a document that allows you, the principal, to designate a trusted family member or friend to make medical decisions for you if you become unconscious or mentally incapable of making those decisions for yourself.
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