Powers of attorney and health care directives in Texas

Written directives

A Texas written directive addresses life-sustaining treatment. A terminal condition is an incurable condition expected to cause death within six months even with available life-sustaining treatment.

The declarant signs the directive before two qualifying witnesses, at least one of whom must meet the standard in Section 166.003(2), and the witnesses also sign. A written directive is effective without notarization, except when the notary option replaces witnesses under Section 166.032(b-1).

The declarant must notify the attending physician about a written directive. Another person may give that notice if the declarant cannot communicate. The statutory form states that the directive has no effect if the declarant is diagnosed as pregnant, and that it remains in effect until revoked.

A written revocation becomes effective only after the physician is notified or the revocation is mailed to the physician. The absence of a directive does not create a presumption that the patient wants life-sustaining treatment withheld or withdrawn.

Medical power of attorney

A Texas medical power of attorney agent may act only after the attending physician certifies in writing that the principal is incompetent and files that certification in the medical record.

The principal's communicated objection controls whether treatment is given or withheld under this provision.

Supported decision-making agreements

Texas describes supported decision-making as a less restrictive alternative to guardianship for adults with disabilities who need decision help but are not considered incapacitated.

An adult and supporter sign the agreement voluntarily before two or more subscribing witnesses or a notary public. A supporter may assist the adult in accessing information relevant to a decision authorized by the agreement, and owes the adult statutory fiduciary duties whether or not the statutory form is used.

Common questions