Sec. 137.009. CONFLICTING OR CONTRARY PROVISIONS. (a) Mental health treatment instructions contained in a declaration executed in accordance with this chapter supersede any contrary or conflicting instructions given by:
(1) a medical power of attorney under Subchapter D, Chapter 166, Health and Safety Code; or
(2) a guardian appointed under Title 3, Estates Code, after the execution of the declaration.
(b) Mental health treatment instructions contained in a declaration executed in accordance with this chapter shall be conclusive evidence of a declarant's preference in a medication hearing under Section 574.106, Health and Safety Code.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.010, eff. September 1, 2017.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 6 - Miscellaneous Provisions
Chapter 137 - Declaration for Mental Health Treatment
Section 137.002. Persons Who May Execute Declaration for Mental Health Treatment; Period of Validity
Section 137.003. Execution and Witnesses; Execution and Acknowledgment Before Notary Public
Section 137.005. Limitation on Liability
Section 137.006. Discrimination Relating to Execution of Declaration for Mental Health Treatment
Section 137.007. Use and Effect of Declaration for Mental Health Treatment
Section 137.008. Disregard of Declaration for Mental Health Treatment
Section 137.009. Conflicting or Contrary Provisions
Section 137.011. Form of Declaration for Mental Health Treatment