A Texas advance directive is a set of directives that lets a patient (called the Principal) list out future medical decisions to be followed by providers if the Principal were to lose the capacity to make medical choices. The documents include end-of-life care and resuscitative instructions and allow for the election of a medical power of attorney. The medical power of attorney may only make decisions for the patient when the patient can no longer speak for themselves.
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What’s Included?
Laws
- Living Will – Title 2, Subtitle H, Chapter 166, Subchapter B (Directives to Physicians)
- Medical Power of Attorney – Title 2, Subtitle H, Chapter 166, Subchapter D
- Medical Orders for Scope of Treatment (MOST) – no statute
Signing Requirements (§ 166.154, § 166.003) – Two (2) witnesses or a notary public
State Definitions
- Advance Directive (TX Health & Safety Code § 166.002(1)) – “Advance directive” means:
- (A) a directive, as that term is defined by Section 166.031;
- (B) an out-of-hospital DNR order, as that term is defined by Section 166.081; or
- (C) a medical power of attorney under Subchapter D.
- Medical Power of Attorney (TX Health & Safety Code § 166.002(11)) – “Medical power of attorney” means a document delegating to an agent authority to make health care decisions executed or issued under Subchapter D.
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