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The Texas Medical Power of Attorney (Health Care Proxy)

 
     
   
   
   

The  Medical Power of Attorney is the important document that permits someone to make medical decisions for a person who is unable to do so, whether the inability is temporary or permanent. It is especially important to have written authorization if the person you choose to represent you is not your legal next of kin.

This document also authorizes physicians and other medical personnel to discuss your care with the person you appoint. Without the Power of Attorney for Health Care, your health care team  might be prevented from sharing medical information due to privacy laws.

Also sometimes called a "Health Care Proxy," the Medical Power of Attorney is a broader document than the Advanced Directive to Physicians, Families and Surrogates. With a Medical Power of Attorney in hand, the person you appoint to represent you can make your medical decisions even if you are not in an irreversible or a terminal condition.

If for some reason you are too ill to make immediate decisions, your Medical Power of Attorney appointee can step in and speak to your doctors for you and make immediate decisions until you are again able to do these things yourself. Particularly after an accident, a very high fever, or major surgery, patients are often temporarily not able to make decisions.

Because a Medical Power of Attorney form does not spell out your wishes in the same way the Advanced Directive does, it is very important that the person you choose to represent you knows your wishes. It is also very important that the person you choose is willing to follow your wishes, even if they are not the same choices your representative would make for himself or herself.

The Medical Power of Attorney can be changed at any time if you decide you would prefer someone else to represent you. It is a simple document to complete. It does not require a notary. It does require the witnessing signatures of two adults over the age of 18, one of whom should not be a family member.

Completed copies of your Medical Power of Attorney form should be given to all your physicians, and a copy should be included in any hospital chart. The person you have appointed should have a copy.

You do not have to have an attorney to prepare a Texas Medical Power of Attorney. The State of Texas makes available blank copies of the Medical Power of Attorney in both English and Spanish.

The Legal Hotline for Older Texans also offers free advice and assistance with completing powers of attorney, do-not-resuscitate orders, and declaration of guardianship for Texans who are age 60 or over and have low income.
 


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