Texas Disability Law - Health Care Directives

Texas Law

• Allows an individual, including minors, through a Medical Power of Attorney, to designate an agent to make health care decisions on that individual's behalf if the individual's doctor certifies that the individual is incompetent to make such decisions.
• Unless otherwise stated, a Medical Power of Attorney gives the authority to make any and all health care decisions in accordance with the individual's wishes. The representative may consent, refuse, withdraw, or withhold treatment, including life-sustaining services. This power of attorney does not allow for a decision on voluntary inpatient mental health services; convulsive treatment, psychosurgery, abortion, or the neglect of the individual through the omission of care primarily intended to provide for comfort.
• A Medical Power of Attorney must be completed while the individual is competent to make the needed decisions, and witnessed by two people. At least one of the witnesses can not be a health care provider, employee, spouse, or heir of the individual.
• Provides that an individual may execute an advanced directive which notifies the attending physician of an individual's desire that extraordinary measures not be used to sustain life if the individual is diagnosed with a terminal condition wherein death is near or imminent.
• Requires that a registry of health care providers willing to assist in the transfer of a patient to a physician or facility available to provide or withhold life-sustaining treatment and other services be posted on the Texas Health Care Council’s website.

Texas Legal Citation

• Texas Health and Safety Code, Section 166

Contact

• Department of Aging and Disability Services
  (512) 438-3011
  
• Texas Health Care Information Council
  (512) 458-7261
  

For More Information

• Texas Medical Association, Durable Power of Attorney for Health Care
  
• The Legal Hotline for Older Texans
  (800) 622-2520