{"id":376611,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-durable-power-of-attorney-laws.html"},"modified":"2021-03-08T09:20:09","modified_gmt":"2021-03-08T14:20:09","slug":"texas-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-durable-power-of-attorney-laws.html","title":{"rendered":"Texas Durable Power of Attorney Laws"},"content":{"rendered":"\n
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Texas Durable Power of Attorney Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last reviewed\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A durable power of attorney<\/a> is a legal process that gives a named individual the "power" to make health care and end-of-life decisions on behalf of another person once they lose the capacity to make such decisions. For instance, a designated person (often a relative) is responsible for communicating the individual’s wishes \u2014 such as not wanting to be kept alive by a respirator \u2014 to doctors and hospital staff.<\/p>\r\n

Learn about Texas durable power of attorney laws in the table below. See Power of Attorney for Healthcare and Living Wills<\/a> for more in-depth information. Then, create your power of attorney yourself<\/a> or contact an estate planning lawyer<\/a>.<\/p>\r\n\r\n
Code Section<\/td>\r\nHealth & Safety Code \u00a7166.151<\/a>, et seq. Durable Power of Attorney for Health Care<\/td>\r\n<\/tr>
Specific Powers, Life-Prolonging Acts<\/td>\r\nDecisions regarding consent to health care, treatment, service, or procedure to maintain, diagnose, or treat individual’s physical or mental condition. Agent may not consent to voluntary in-patient mental health services, convulsive treatment, psychosurgery, abortion, or neglect of principal through omission of care primarily intended to provide for comfort of principal<\/td>\r\n<\/tr>
Legal Requirements for Durable Power of Attorney<\/td>\r\n(1) Signed; (2) in presence of 2 or more subscribing witnesses; (3) substantially statutory to form \u00a7135.015 and .016) and accompanied by disclosure statement. Principal may designate alternative agents<\/td>\r\n<\/tr>
Revocation of Durable Power of Attorney<\/td>\r\nEffective indefinitely upon execution and delivery of document unless revoked. Revocable orally or in writing with specific intent to revoke or execution of subsequent power of attorney; divorce if spouse is agent. Effective upon receipt and notice to agent and health care provider.<\/td>\r\n<\/tr>
Validity from State-to-State<\/td>\r\nDurable power of attorney executed in another state valid if it complies with the law of that state or jurisdiction<\/td>\r\n<\/tr>
If Physician Unwilling to Follow Durable Power of Attorney<\/td>\r\nPhysician must notify agent immediately to arrange for transfer<\/td>\r\n<\/tr>
Immunity for Attending Physician<\/td>\r\nAgent not liable for health care decision made in good faith. Physician not liable for acts or decisions made under durable power of attorney if done in good faith and does not constitute a failure to exercise due care in the provision of health care services<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i><\/b> State laws are constantly changing \u2014 contact a Texas estate planning attorney<\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n