Question: What is a Advance Medical Directive" Medical Power of Attorney"?

Answer:   This advance directive exists in order for you to name an “agent to make any healthcare decisions on the principal’s behalf that the principal could make if the principal were competent”. Texas Health & Safety Code § 166.152. In contrast to the Directive to Physicians, the Medical Power of Attorney must be drafted “substantially” in the form as set forth in Section 166.164. This document requires two witnesses who meet the same requirements as the witnesses for the Directive to Physicians. It is important to note that a disclosure statement is required to insure the effectiveness of the Medical Power of Attorney, and it must also be signed by the declarant. Id at § 166.163.

There are limitations on the power of the agent as a protection for the principal. Limitations of this power of attorney include the inability of the agent to consent to voluntary inpatient mental health services, convulsive treatments, psychosurgery, or abortion. Id.

This document is one part of a set of documents to specify your wishes with regard to your medical care.