Sec. 166.154. EXECUTION. (a) Except as provided by Subsection (b), the medical power of attorney must be signed by the principal in the presence of two witnesses who qualify under Section 166.003, at least one of whom must be a witness who qualifies under Section 166.003(2). The witnesses must sign the document.
(b) The principal, in lieu of signing in the presence of the witnesses, may sign the medical power of attorney and have the signature acknowledged before a notary public.
(c) If the principal is physically unable to sign, another person may sign the medical power of attorney with the principal's name in the principal's presence and at the principal's express direction. The person may use a digital or electronic signature authorized under Section 166.011.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991. Renumbered from Civil Practice & Remedies Code Sec. 135.004 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 461 (H.B. 2585), Sec. 8, eff. September 1, 2009.
Structure Texas Statutes
Subtitle H - Public Health Provisions
Chapter 166 - Advance Directives
Subchapter D. Medical Power of Attorney
Section 166.152. Scope and Duration of Authority
Section 166.153. Persons Who May Not Exercise Authority of Agent
Section 166.155. Revocation; Effect of Termination of Marriage
Section 166.156. Appointment of Guardian
Section 166.157. Disclosure of Medical Information
Section 166.158. Duty of Health or Residential Care Provider
Section 166.159. Discrimination Relating to Execution of Medical Power of Attorney
Section 166.160. Limitation on Liability
Section 166.161. Liability for Health Care Costs
Section 166.164. Form of Medical Power of Attorney
Section 166.166. Other Rights or Responsibilities Not Affected