Texas Estate Planning Guide
What Is a Medical Power of Attorney in Texas?
It's the document that lets someone you trust make health care decisions for you if you can't make them yourself. Here's how it works in Texas — and why it's one document you don't want to be without.
By Rick Villarreal, Attorney · Licensed in Texas since 1996
A Medical Power of Attorney lets you name a person — your health care agent — to make medical decisions on your behalf if a doctor certifies you can't make them yourself. It's not about the end of life specifically; it covers any moment you're unable to speak for your own care, from a temporary emergency to a longer illness.
You name a health care agent
This is the person you trust to make medical decisions for you — a spouse, adult child, or close friend. You can also name an alternate.
It activates only if you can't decide
Your agent has no authority until your attending physician certifies in writing that you're unable to make your own health care decisions.
Signed with two witnesses or a notary
Texas requires either two qualified adult witnesses or notarization. Certain people — like your agent or someone who would inherit from you — can't serve as witnesses.
Your agent follows your wishes
Your agent is expected to make the choices you would make, guided by any instructions you've given and your known values.
A Medical Power of Attorney covers health care only. It can't touch your bank accounts, sign documents, or manage your property — that's what a Durable Power of Attorney is for. Most complete plans include both, because they solve different problems.
Why you want one in place
Without a Medical Power of Attorney, if you become unable to make decisions, your family may have to go to court to be appointed guardian before they can act — a slow, costly, public process during an already hard time. Naming an agent in advance avoids that entirely.
The document it pairs with
A Medical Power of Attorney names who decides. A Directive to Physicians states what you want if you're terminally or irreversibly ill. Together they give your family both a decision-maker and clear guidance.
Why it matters
A quick call is all it takes to get started. No obligation, always at no charge.
Getting it done
A Medical Power of Attorney is a flat-fee document here, and it's included in the Complete Estate Plan alongside your will, Durable Power of Attorney, and Directive to Physicians. Most orders are completed within one business day.
This article is general information about Texas law, not legal advice, and does not create an attorney-client relationship. Every situation is different — for advice about your own will, speak with a licensed Texas attorney.
Name someone you trust, before you need to
A flat-fee Medical Power of Attorney puts the right person in charge of your care if you ever can't speak for yourself. Most orders completed within one business day.
(713) 588-5914State Bar of Texas since 1996 • Consultations are always at no charge.