A durable power of attorney for health care—also known as a medical power of attorney—is a legal document that a person (the principal, grantor, or donor) signs to appoint another person as the principal’s agent, attorney-in-fact, health care surrogate, or health care proxy—with authority to make health care decisions for the principal if the principal becomes physically or mentally disabled or incapacitated (incompetent) from a stroke, Alzheimer’s disease, an automobile accident, or other cause.
A person appointed as agent or attorney-in-fact for health care decisions will be able to accept or refuse medical treatment for the principal, access the principal’s medical records, and in the event of the principal’s death, authorize an autopsy, donate the principal’s organs, and dispose of the principal’s body by burial or cremation.
But an agent or attorney-in-fact for health care decisions has no ability to make these decisions for the principal until the principal becomes physically or mentally disabled or incapacitated (incompetent)—unless the document provides otherwise. A principal generally has the ability to revoke or change a durable power of attorney for health care or Advance Health Care Directive at any time before becoming incapacitated. And a principal can limit the scope of the durable power of attorney for health care or Advance Health Care Directive to limit the agent’s powers and ability to make certain health care decisions. In addition to these limitations, some states prohibit certain health care decisions from being made by an agent—such as euthanasia, psychosurgery, sterilization, abortion, convulsive treatment, or placement in a mental health treatment facility.
Laws and terminology for documents related to health care decisions vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Texas, a Durable Power of Attorney for Health Care, also known as a Medical Power of Attorney, is a legal document that allows an individual (the principal) to designate another person (the agent or attorney-in-fact) to make health care decisions on their behalf if they become incapacitated. This document becomes effective only when the principal is unable to make their own health care decisions due to physical or mental incapacity. The agent is empowered to make a wide range of health care decisions, including consenting to or refusing medical treatment, accessing medical records, and making decisions about organ donation and the disposition of the body after death. However, the principal retains the right to revoke or amend the document at any time before they become incapacitated, and they can also set limitations on the agent's authority. Texas law prohibits agents from making decisions about voluntary inpatient mental health services, convulsive treatment, psychosurgery, abortion, and neglect through the withholding of care intended to keep the principal comfortable (comfort care). The relevant statutes can be found in the Texas Estates Code, which provides the legal framework for these directives.
