Sec. 166.155. REVOCATION; EFFECT OF TERMINATION OF MARRIAGE. (a) A medical power of attorney is revoked by:
(1) oral or written notification at any time by the principal to the agent or a licensed or certified health or residential care provider or by any other act evidencing a specific intent to revoke the power, without regard to whether the principal is competent or the principal's mental state; or
(2) execution by the principal of a subsequent medical power of attorney.
(a-1) An agent's authority under a medical power of attorney is revoked if the agent's marriage to the principal is dissolved, annulled, or declared void unless the medical power of attorney provides otherwise.
(b) A principal's licensed or certified health or residential care provider who is informed of or provided with a revocation of a medical power of attorney shall immediately record the revocation in the principal's medical record and give notice of the revocation to the agent and any known health and residential care providers currently responsible for the principal's care.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991. Renumbered from Civil Practice & Remedies Code Sec. 135.005 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 995 (H.B. 995), Sec. 1, eff. January 1, 2018.
Acts 2017, 85th Leg., R.S., Ch. 995 (H.B. 995), Sec. 2, eff. January 1, 2018.
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