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By Frank Flores, founder of FamiliaLista · Updated October 19, 2026

Texas medical power of attorney: who speaks for you if you can't

A Texas medical power of attorney names the person (your "agent") who makes health care decisions for you if your doctor certifies in writing that you can't make them yourself. You sign it in front of two qualified adult witnesses or before a notary, using the free state form. Then give signed copies to your agent and your doctors so it is there when it's needed.

What can a medical power of attorney agent decide in Texas?

Your agent can make any health care decision you could make, unless you write in limits. The agent follows what they know of your wishes, including your religious and moral beliefs. If they don't know your wishes, they decide based on your best interests. The agent's authority starts only after your attending physician certifies in writing, in your medical record, that you can't make your own decisions. While you can decide, you decide, and treatment can't be given or stopped over your objection. Source: Tex. Health & Safety Code §166.152.

What doesn't it cover?

Money, bills and property. That is a financial (statutory durable) power of attorney, a separate document. See power of attorney vs. will.
By law, the agent can't consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery or abortion, or to neglecting care meant mainly for your comfort (§166.152(f)).
Your wishes for your property after death. That is what a will is for.

Who can be your agent?

An adult (18 or older) you trust, who knows your wishes and can be reached. By law, a person can't act as your agent while serving as your health care provider or residential care provider. Their employees also can't, unless they are your relative (§166.153). You can name a first and second alternate agent on the state form. If you name your spouse, that choice is automatically revoked if the marriage ends in divorce or annulment, unless the document says otherwise (§166.155).

How do you sign a medical power of attorney in Texas?

You have two options (§166.154):

Two witnesses. Sign in front of two competent adult witnesses, who also sign. At least one of them can't be: your agent, a relative by blood or marriage, someone who would inherit from you, your attending physician or their employee, an employee of the facility where you are a patient who gives you direct care or works in its business office, or someone with a claim against your estate (§166.003).
A notary. Sign and have your signature acknowledged before a notary public instead of using witnesses.

If you are physically unable to sign, another person can sign your name in your presence and at your direction.

Where do you get the Texas medical power of attorney form?

Texas Health and Human Services publishes the official form, "Medical Power of Attorney Designation of Health Care Agent (MPOA)," free to download in English and Spanish. It includes the disclosure statement the law requires. Your doctor can walk you through the medical choices, and a licensed Texas attorney can help if your family situation is complicated or you want custom limits.

After you sign: the part people skip

Give signed copies to your agent, your alternates and your doctors, and ask that it be added to your medical record. The state form has lines to list who has a signed copy and where the original is kept.
Tell your family who your agent is, so nobody is surprised in a hospital hallway.
Write down where the signed original is.

What are the most common mistakes?

Naming someone without asking them first.
Using two witnesses who are both relatives or heirs. At least one witness has to be fully independent.
Signing it and keeping it in a drawer nobody knows about.
Assuming a financial power of attorney covers medical decisions. It doesn't.

Make sure the right person can find it

In FamiliaLista you record who your agent is, which doctors have a copy and where the signed paper is, alongside your other documents and the people to call. It works alongside the signed form, so your family knows exactly where to find it. See also if your life hits pause and the emergency binder checklist.

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Frequently asked questions

When does my agent's authority start?

Only after your attending physician certifies in writing, in your medical record, that you can't make your own health care decisions.

Should I talk to a lawyer about my medical power of attorney?

The state form is built to be filled out by individuals, and its disclosure statement suggests asking a lawyer about anything you don't understand. A licensed Texas attorney is a good idea for blended families, family disagreements or custom limits.

Can my agent also handle my money?

No. Money and property need a separate financial power of attorney.

Can I change or cancel my medical power of attorney?

Yes. You can revoke it at any time by telling your agent or your health care provider, orally or in writing, or by signing a new one. To make changes, you sign a new form and replace the old copies.

Is this legal advice?

No. It is general information about Texas law as of October 2026. Talk to a licensed Texas attorney about your situation.

Sources

General information, not legal or financial advice. Rules change; check the official sources above or talk to a licensed professional about your situation.