Texas Medical
Power of Attorney

You hire a lawyer to write up a Texas Medical Power of Attorney or you can purchase a fill in the blank Texas Medical POA template online from any number of different websites.

You contact Mobile Austin Notary and schedule a date, time, and location to have one of our mobile Texas notaries travel to you and be present at your Texas Medical Power of Attorney signing.

The signor of the Texas Medical Power of Attorney must have a valid U.S government photo ID to show the notary public and physically sign the Texas Medical Power of Attorney in front of the notary public to legally execute it in Texas.

Medical Power
Of Attorney Texas

Texas law requires you have your signature acknowledged physically before a Texas notary public or have two witnesses present to sign a Texas Medical Power of Attorney (also called a Health Care Power of Attorney).

Under Texas Health and Safety Code §166.003, at least one of the witnesses must not be:

– Designated by the principal to make a health care decision on the principal’s behalf; 

– Related to the principal by blood or marriage;

– The principal’s attending physician or an employee of the attending physician;

– Entitled to a part of the principal’s estate;

– A person having a claim against the principal’s estate;

An employee of a health care facility in which the principal is a patient if the employee is providing direct care to the principal; or an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.

In addition to limiting who can be a witness, Texas law also limits who can exercise authority as an agent. Under TX Health and Safety Code §166.153, the following individuals may not exercise authority granted to them under a Medical Power of Attorney:

  • Your health care provider and its employees
  • Your residential care provider and its employees

Executing a Texas Medical Power of Attorney in Texas does not require any witnesses to be present by Texas law as long as you have a Texas notary public which came into law on September 1, 2009.

A Texas Medical Power of Attorney and a Texas Advance Directive form may be signed physically before a Texas notary public instead of using two witnesses (See H.B. No.2585).

You are required by Texas law to sign a Texas Medical Power of Attorney document physically in the presence of a Texas notary public and you must present a valid (can’t be expired) United States government photo ID (U.S driver’s license, U.S passport, U.S state identification card, U.S LTC card, or a U.S military/uniformed services photo identification card) to the Texas public notary or have two adult witnesses to watch you sign the Texas Medical POA.

We recommend that you always consult with a licensed lawyer, certified public accountant, or financial or estate planner before creating or executing a Texas Medical Power of Attorney document for yourself or family.

Texas Medical Power of Attorney • Texas Durable Power of Attorney • Texas Non-Durable Power of Attorney • Texas Statutory Power of Attorney • Texas Specific Power of Attorney • Texas Limited or Special Power of Attorney • Texas Springing Power of Attorney • Texas General Power of Attorney • Texas Revocation of Power of Attorney • Texas Power of Attorney For Child • Texas Tax Power of Attorney • Texas Motor Vehicle Power of Attorney • Texas Parental Guardianship Power of Attorney

Disclaimer: The content on this page and website is only intended to be used as general legal terminology and definition information. It is not to be considered financial, accounting, estate planning or legal advice or legal consultation in any shape or form.