Texas Directive to Physicians vs. Medical Power of Attorney

What a Texas Directive to Physicians does

The Directive to Physicians (Texas’s living will, Tex. Health & Safety Code § 166.032) records your wishes about life-sustaining treatment if you have a terminal or irreversible condition — for example, whether you would want to be kept on life support. It speaks for you about those specific situations.

What a Medical Power of Attorney does

A Medical Power of Attorney (§ 166.164) names an agent to make health care decisions for you when you cannot. Unlike the directive, your agent can address any medical decision, not just end-of-life care — responding to situations no document foresaw.

Why you usually need both

A directive cannot anticipate every situation; an agent can. Together, the directive gives your agent guidance about your values, and the agent fills the gaps. That is why a complete Texas plan typically includes both — which is what EstateDraft prepares.

Texas execution rules and a useful extra

Each document may be signed before two qualifying witnesses — Texas restricts who can serve: at least one witness must not be your designated agent, a relative by blood or marriage, an heir, your attending physician, or certain facility employees (§ 166.003) — or acknowledged before a notary instead of witnesses (§§ 166.032(b-1), 166.154(b)). Adding a HIPAA authorization lets your agent access your medical records. EstateDraft tailors the documents to Texas and includes signing instructions.

Frequently asked questions

Do I need both a Directive to Physicians and a Medical Power of Attorney in Texas?

Most people benefit from both. The directive records your treatment wishes for terminal or irreversible conditions; the medical power of attorney names an agent who can make any health care decision you cannot. Together they cover situations neither handles alone.

Does a Texas Directive to Physicians have to be notarized?

Not necessarily — you may sign it before two qualifying witnesses, or acknowledge it before a notary instead of using witnesses (Tex. Health & Safety Code § 166.032(b-1)). The Medical Power of Attorney has the same choice (§ 166.154(b)).

General information about Florida law, not legal advice.