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Texas Durable Power of Attorney Laws

A durable power of attorney 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 — such as not wanting to be kept alive by a respirator — to doctors and hospital staff.

Learn about Texas durable power of attorney laws in the table below. See Power of Attorney for Healthcare and Living Wills for more in-depth information. Then, create your power of attorney yourself or contact an estate planning lawyer.

Code Section Health & Safety Code §166.151, et seq. Durable Power of Attorney for Health Care
Specific Powers, Life-Prolonging Acts Decisions 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
Legal Requirements for Durable Power of Attorney (1) Signed; (2) in presence of 2 or more subscribing witnesses; (3) substantially statutory to form §135.015 and .016) and accompanied by disclosure statement. Principal may designate alternative agents
Revocation of Durable Power of Attorney Effective 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.
Validity from State-to-State Durable power of attorney executed in another state valid if it complies with the law of that state or jurisdiction
If Physician Unwilling to Follow Durable Power of Attorney Physician must notify agent immediately to arrange for transfer
Immunity for Attending Physician Agent 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

Note: State laws are constantly changing — contact a Texas estate planning attorney or conduct your own legal research to verify the state law(s) you are researching.

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