When Does a Medical Power of Attorney Become Effective?

A Texas medical power of attorney is a document that allows you, the principal, to designate a trusted family member or friend to make medical decisions for you if you become unconscious or mentally incapable of making those decisions for yourself.

The person you designate to make medical decisions for you is called an agent. The medical power of attorney gives your agent broad power to make any health care decisions you could have made if you were not incapacitated, unless you specifically restrict his or her authority.

Medical powers of attorney are not just for the elderly. Unexpected injuries or illness can occur at any age, so all adults should have one in place.

When Does a Medical Power of Attorney Become Effective?

The medical power of attorney becomes effective immediately after you execute it and deliver it to your agent. It is effective indefinitely unless it contains a specific termination date, you revoke it.

If the medical power of attorney has a specific termination date, but you are incompetent on that date, the medical power of attorney continues to be effective until you become competent.

When Does the Agent Have Authority to Act?

As long as you are able to make medical decisions for yourself, you are the one in control. However, in the event that you cannot make these decisions, your “agent” can legally make medical decisions for you.

A medical power of attorney authorizes your agent to act on your behalf only after your attending physician certifies in writing and files the certification in your medical records that based on his reasonable medical judgment, you are incompetent.

Regardless of the existence of a medical power of attorney or the declaration of incompetence, the statutes specify no medical provider can give or withhold treatment from you if you object.