Medical Power of Attorney

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A Texas Medical Power of Attorney is a legal document that authorizes another person (called your "agent") to make healthcare decisions if your attending physician determines that you cannot make or communicate those decisions yourself.

Unlike a Durable Financial Power of Attorney, a Medical Power of Attorney applies only to medical treatment and healthcare decisions.

Your healthcare agent may be authorized to:

• Consent to medical treatment 
• Refuse certain treatments 
• Choose physicians and healthcare providers 
• Authorize surgery 
• Access medical information needed to make decisions 
• Arrange admission or discharge from hospitals or nursing facilities 
• Work with hospice or palliative care providers

 Without a Medical Power of Attorney, your loved ones may not automatically have legal authority to make healthcare decisions for you.

During a medical emergency, that uncertainty can create unnecessary delays and stress at a time when your family should be focused on your care—not navigating legal issues.

Preparing this document in advance gives both you and your loved ones peace of mind.

 Medical Power of Attorney does not become effective simply because you sign it.

Instead, it generally becomes effective only when your attending physician certifies that you lack the capacity to make your own healthcare decisions.

As long as you are capable of making your own medical decisions, you remain in complete control.

Your healthcare agent should be someone who:

✓ Understands your wishes

✓ Can remain calm under pressure

✓ Communicates well with physicians

✓ Will advocate for your preferences

✓ Is willing to make difficult decisions if necessary

Many clients choose a spouse, adult child, trusted sibling, or close friend. You should also name one or more successor agents in case your first choice is unavailable.

 Depending on your instructions, your healthcare agent may be able to:

• Approve or decline medical treatment

• Authorize medications

• Consent to surgery

• Select hospitals and physicians

• Arrange rehabilitation or nursing care

• Access medical records needed for treatment

• Coordinate with healthcare providers

 Your healthcare agent cannot:

• Override your decisions while you remain capable

• Make decisions after your death

• Ignore limitations written into your Medical Power of Attorney

• Change your Will or financial documents

Many people confuse these documents.

A Medical Power of Attorney names the person who makes healthcare decisions when you cannot.

A Directive to Physicians (Living Will) tells doctors what medical treatment you want—or do not want—if you have a terminal or irreversible condition.

These documents work together and are both important parts of a comprehensive Texas estate plan.

Is this the same as a Living Will?

No. A Medical Power of Attorney appoints a person to make healthcare decisions. A Directive to Physicians expresses your treatment preferences in certain end-of-life situations.

Does my spouse automatically have this authority?

Not always. While healthcare providers often consult spouses, having a properly executed Medical Power of Attorney removes uncertainty and provides clear legal authority.

Can I revoke it?

Yes. As long as you have capacity, you may revoke your Medical Power of Attorney at any time.

Is a Medical Power of Attorney included in your estate planning package?

Yes. It is one of the core documents included in our Comprehensive Estate Planning Package.