What advance directives does Texas recognize?

The Texas Advance Directives Act (Tex. Health & Safety Code ch. 166) provides the DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES (the living will, form at s. 166.033), the MEDICAL POWER OF ATTORNEY (form at s. 166.164), and the out-of-hospital do-not-resuscitate order (subchapter C). A complete Texas estate plan pairs the first two with a HIPAA release.

How is a Texas Directive to Physicians signed?

The declarant signs in the presence of two competent adult witnesses who qualify under s. 166.003 — or, instead of witnesses, the declarant may have the directive acknowledged before a notary (s. 166.032). At least one witness must be a 'disinterested' witness under s. 166.003(2): not a relative, not an heir or beneficiary, not the attending physician or the physician's employee, and not someone with a claim against the estate.

How is a Texas Medical Power of Attorney signed?

The same two-track rule: signed in the presence of two qualifying witnesses (at least one disinterested under s. 166.003(2)), or signed and acknowledged before a notary instead (s. 166.154). The agent named cannot be your health-care provider or their employee (unless a relative).

Does my medical agent decide while I can still speak for myself?

No. The medical power of attorney authorizes the agent to make health-care decisions only when your attending physician certifies you are incompetent — and even then, treatment cannot be given or withheld over your objection.

Do the financial POA and the medical POA follow the same signing rules?

No — and mixing them up is a common DIY failure. The FINANCIAL durable POA is notarized with no witnesses (Tex. Est. Code s. 751.0021); the MEDICAL POA and the Directive use two qualifying witnesses OR a notary (Health & Safety Code ss. 166.032, 166.154). Execute each under its own statute.

Texas Advance Directives: Directive to Physicians & Medical POA

Last updated July 18, 2026

Texas advance-care documents live in the Advance Directives Act— Tex. Health & Safety Code chapter 166. The Directive to Physicians states your treatment wishes for a terminal or irreversible condition (statutory form, s. 166.033); the Medical Power of Attorney names the person who decides when you cannot (statutory form, s. 166.164). Each has its own execution rule. This is general information about Texas law, not legal advice.

The execution rules

Directive to Physicians — two witnesses OR a notary

Sign before two competent adult witnesses (s. 166.032), at least one of them disinterested under s. 166.003(2) — or skip witnesses and acknowledge the directive before a notary.

Medical POA — the same two-track rule

Signed in the presence of two qualifying witnesses (one disinterested), or signed and acknowledged before a notary instead (s. 166.154).

Who cannot be the disinterested witness (s. 166.003(2))

Not a relative by blood or marriage, not an heir or a person entitled to any part of the estate, not the attending physician or the physician's employee, not a claimant against the estate, and not the facility employee involved in your care.

Who cannot be the medical agent

Your health-care provider, your residential-care provider, or an employee of either (unless the employee is a relative). Name a person who can be in the room and make the call.

How the documents work together

The Directive controls the end-of-life question for a certified terminal or irreversible condition; the Medical POA covers every other health-care decision once your physician certifies incompetence — and your own objection still controls while you can voice it. Pair both with a HIPAA release so the agent can see the records the decisions depend on, and with the financial durable POA (its own statute, its own signing rule) so someone can also run the finances.

Your Texas Estate Plan includes the Directive to Physicians and Medical Power of Attorney on the statutory forms, with signing instructions for each document's own rule.

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General information about Texas law, not legal advice, and not a substitute for the advice of an attorney. EstateDraft is software, not a law firm.

Frequently asked questions

What advance directives does Texas recognize?: The Texas Advance Directives Act (Tex. Health & Safety Code ch. 166) provides the DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES (the living will, form at s. 166.033), the MEDICAL POWER OF ATTORNEY (form at s. 166.164), and the out-of-hospital do-not-resuscitate order (subchapter C). A complete Texas estate plan pairs the first two with a HIPAA release.
How is a Texas Directive to Physicians signed?: The declarant signs in the presence of two competent adult witnesses who qualify under s. 166.003 — or, instead of witnesses, the declarant may have the directive acknowledged before a notary (s. 166.032). At least one witness must be a 'disinterested' witness under s. 166.003(2): not a relative, not an heir or beneficiary, not the attending physician or the physician's employee, and not someone with a claim against the estate.
How is a Texas Medical Power of Attorney signed?: The same two-track rule: signed in the presence of two qualifying witnesses (at least one disinterested under s. 166.003(2)), or signed and acknowledged before a notary instead (s. 166.154). The agent named cannot be your health-care provider or their employee (unless a relative).
Does my medical agent decide while I can still speak for myself?: No. The medical power of attorney authorizes the agent to make health-care decisions only when your attending physician certifies you are incompetent — and even then, treatment cannot be given or withheld over your objection.
Do the financial POA and the medical POA follow the same signing rules?: No — and mixing them up is a common DIY failure. The FINANCIAL durable POA is notarized with no witnesses (Tex. Est. Code s. 751.0021); the MEDICAL POA and the Directive use two qualifying witnesses OR a notary (Health & Safety Code ss. 166.032, 166.154). Execute each under its own statute.

General information about Florida law, not legal advice.