Texas has adopted a new pre-approved form for its Medical
Power of Attorney, a/k/a the power of attorney for your financial affairs. All
forms signed after January 1, 2014, must substantially comply with the new
statute in order to be effective.
Luckily, the new form – still located at Section 166.164 of
the Texas Health and Safety Code – is substantially similar to the previous
versions of this form. And any Medical Power of Attorney form executed before
December 31, 2013, will not require a revision in order to remain effective, so
long as it complied with the law in effect at the time it was signed.
The primary change in the new Texas Medical Power of
Attorney Form relates to its execution. Now, you can sign the form in front of
a notary without the need for any witnesses. Alternatively, you can sign the
form in front of two witnesses if a notary is unavailable. Section 166.163 of
the Texas Health and Safety Code describes the types of persons who may act as
witness to a Medical Power of Attorney.
By: Cynthia W. Veidt, cindy@lpvlaw.com
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