Medical power of attorney and directive.

The documents, and what each does.

• Medical power of attorney: names an agent to make health care decisions if you cannot
• Directive to physicians and family or surrogates: states your wishes about life-sustaining treatment if you have a terminal or irreversible condition
• HIPAA authorization: lets doctors share your information with people you choose
• Out-of-hospital DNR: a separate order that EMS and others can follow outside a hospital

These documents are about medical decisions. Money and property are handled by a separate durable power of attorney. See our guide on powers of attorney after a serious accident.

Signing rules.

Texas requires specific signing steps. A medical power of attorney must be signed in front of two qualified witnesses, and Texas law requires that you be given a written disclosure statement about the document. Witness restrictions are designed to keep out people with a stake: for example, your agent cannot be a witness, and at least one witness must not be related to you or entitled to part of your estate. A directive to physicians is signed in front of two witnesses or a notary. Because mistakes can invalidate a document, use a lawyer or a trusted current form.

Choosing an agent.

• Pick someone calm under pressure who will follow your wishes, not their own
• Name a backup agent
• Talk to your agent about your values: what matters to you in a serious illness, and what you would not want
• Give copies to your agent, family, and doctors

Without them.

If you lose capacity with no medical power of attorney, Texas law lists who can consent to treatment, generally starting with a spouse and adult children. That default list may not match your choice, may be disputed by family, and may not allow all decisions. In serious cases, family members may have to seek a guardianship. See our guide on guardianship and alternatives.