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  S.B. No. 651
 
 
 
 
AN ACT
  relating to a medical power of attorney.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 166.163 and 166.164, Health and Safety
  Code, are amended to read as follows:
         Sec. 166.163.  FORM OF DISCLOSURE STATEMENT. The disclosure
  statement must be in substantially the following form:
  INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY
         THIS IS AN IMPORTANT LEGAL DOCUMENT.  BEFORE SIGNING THIS
  DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
         Except to the extent you state otherwise, this document gives
  the person you name as your agent the authority to make any and all
  health care decisions for you in accordance with your wishes,
  including your religious and moral beliefs, when you are no longer
  capable of making them yourself. Because "health care" means any
  treatment, service, or procedure to maintain, diagnose, or treat
  your physical or mental condition, your agent has the power to make
  a broad range of health care decisions for you. Your agent may
  consent, refuse to consent, or withdraw consent to medical
  treatment and may make decisions about withdrawing or withholding
  life-sustaining treatment. Your agent may not consent to voluntary
  inpatient mental health services, convulsive treatment,
  psychosurgery, or abortion. A physician must comply with your
  agent's instructions or allow you to be transferred to another
  physician.
         Your agent's authority begins when your doctor certifies that
  you lack the competence to make health care decisions.
         Your agent is obligated to follow your instructions when
  making decisions on your behalf. Unless you state otherwise, your
  agent has the same authority to make decisions about your health
  care as you would have had.
         It is important that you discuss this document with your
  physician or other health care provider before you sign it to make
  sure that you understand the nature and range of decisions that may
  be made on your behalf. If you do not have a physician, you should
  talk with someone else who is knowledgeable about these issues and
  can answer your questions. You do not need a lawyer's assistance to
  complete this document, but if there is anything in this document
  that you do not understand, you should ask a lawyer to explain it to
  you.
         The person you appoint as agent should be someone you know and
  trust. The person must be 18 years of age or older or a person under
  18 years of age who has had the disabilities of minority removed.
  If you appoint your health or residential care provider (e.g., your
  physician or an employee of a home health agency, hospital, nursing
  home, or residential care home, other than a relative), that person
  has to choose between acting as your agent or as your health or
  residential care provider; the law does not permit a person to do
  both at the same time.
         You should inform the person you appoint that you want the
  person to be your health care agent. You should discuss this
  document with your agent and your physician and give each a signed
  copy. You should indicate on the document itself the people and
  institutions who have signed copies. Your agent is not liable for
  health care decisions made in good faith on your behalf.
         Even after you have signed this document, you have the right
  to make health care decisions for yourself as long as you are able
  to do so and treatment cannot be given to you or stopped over your
  objection. You have the right to revoke the authority granted to
  your agent by informing your agent or your health or residential
  care provider orally or in writing or by your execution of a
  subsequent medical power of attorney.  Unless you state otherwise,
  your appointment of a spouse dissolves on divorce.
         This document may not be changed or modified. If you want to
  make changes in the document, you must make an entirely new one.
         You may wish to designate an alternate agent in the event that
  your agent is unwilling, unable, or ineligible to act as your agent.
  Any alternate agent you designate has the same authority to make
  health care decisions for you.
         THIS POWER OF ATTORNEY IS NOT VALID UNLESS:
               (1)  YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED
  BEFORE A NOTARY PUBLIC; OR
               (2)  YOU SIGN IT [IS SIGNED] IN THE PRESENCE OF TWO
  COMPETENT ADULT WITNESSES.
         THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
               (1)  the person you have designated as your agent;
               (2)  a person related to you by blood or marriage;
               (3)  a person entitled to any part of your estate after
  your death under a will or codicil executed by you or by operation
  of law;
               (4)  your attending physician;
               (5)  an employee of your attending physician;
               (6)  an employee of a health care facility in which you
  are a patient if the employee is providing direct patient care to
  you or is an officer, director, partner, or business office
  employee of the health care facility or of any parent organization
  of the health care facility; or
               (7)  a person who, at the time this power of attorney is
  executed, has a claim against any part of your estate after your
  death.
         Sec. 166.164.  FORM OF MEDICAL POWER OF ATTORNEY. The
  medical power of attorney must be in substantially the following
  form:
  MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.
  I, __________ (insert your name) appoint:
  Name:___________________________________________________________
  Address:________________________________________________________
  Phone___________________________________________________________
         as my agent to make any and all health care decisions for me,
  except to the extent I state otherwise in this document. This
  medical power of attorney takes effect if I become unable to make my
  own health care decisions and this fact is certified in writing by
  my physician.
         LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE
  AS FOLLOWS:_____________________________________________________
  ________________________________________________________________
         DESIGNATION OF ALTERNATE AGENT.
         (You are not required to designate an alternate agent but you
  may do so. An alternate agent may make the same health care
  decisions as the designated agent if the designated agent is unable
  or unwilling to act as your agent. If the agent designated is your
  spouse, the designation is automatically revoked by law if your
  marriage is dissolved.)
         If the person designated as my agent is unable or unwilling to
  make health care decisions for me, I designate the following
  persons to serve as my agent to make health care decisions for me as
  authorized by this document, who serve in the following order:
         A.  First Alternate Agent
               Name:________________________________________________
               Address:_____________________________________________
                     Phone __________________________________________
         B.  Second Alternate Agent
               Name:________________________________________________
               Address:_____________________________________________
                     Phone __________________________________________
               The original of this document is kept at:
               _____________________________________________________
               _____________________________________________________
               _____________________________________________________
         The following individuals or institutions have signed
  copies:
               Name:________________________________________________
               Address:_____________________________________________
               _____________________________________________________
               Name:________________________________________________
               Address:_____________________________________________
               _____________________________________________________
         DURATION.
         I understand that this power of attorney exists indefinitely
  from the date I execute this document unless I establish a shorter
  time or revoke the power of attorney. If I am unable to make health
  care decisions for myself when this power of attorney expires, the
  authority I have granted my agent continues to exist until the time
  I become able to make health care decisions for myself.
         (IF APPLICABLE)  This power of attorney ends on the following
  date: __________
         PRIOR DESIGNATIONS REVOKED.
         I revoke any prior medical power of attorney.
         ACKNOWLEDGMENT OF DISCLOSURE STATEMENT.
         I have been provided with a disclosure statement explaining
  the effect of this document. I have read and understand that
  information contained in the disclosure statement.
         (YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY.  YOU MAY SIGN
  IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR
  YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.)
         SIGNATURE ACKNOWLEDGED BEFORE NOTARY
         I sign my name to this medical power of attorney on __________
  day of __________ (month, year) at
  _____________________________________________
  (City and State)
  _____________________________________________
  (Signature)
  _____________________________________________
  (Print Name)
  State of Texas
  County of ________
  This instrument was acknowledged before me on __________ (date) by
  ________________ (name of person acknowledging).
                                          _____________________________
                                          NOTARY PUBLIC, State of Texas
                                          Notary's printed name:
                                          _____________________________
                                          My commission expires:
                                          _____________________________
  OR
         SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES
         I sign my name to this medical power of attorney on __________
  day of __________ (month, year) at
  _____________________________________________
  (City and State)
  _____________________________________________
  (Signature)
  _____________________________________________
  (Print Name)
         STATEMENT OF FIRST WITNESS.
         I am not the person appointed as agent by this document.  I am
  not related to the principal by blood or marriage. I would not be
  entitled to any portion of the principal's estate on the principal's
  death. I am not the attending physician of the principal or an
  employee of the attending physician. I have no claim against any
  portion of the principal's estate on the principal's death.
  Furthermore, if I am an employee of a health care facility in which
  the principal is a patient, I am not involved in providing direct
  patient care to the principal and am not an officer, director,
  partner, or business office employee of the health care facility or
  of any parent organization of the health care facility.
         Signature:________________________________________________
         Print Name:___________________________________ Date:______
         Address:__________________________________________________
         SIGNATURE OF SECOND WITNESS.
         Signature:________________________________________________
         Print Name:___________________________________ Date:______
         Address:__________________________________________________
         SECTION 2.  Section 166.165, Health and Safety Code, is
  amended by amending Subsections (a) and (c) and adding Subsection
  (a-1) to read as follows:
         (a)  A person who is a near relative of the principal or a
  responsible adult who is directly interested in the principal,
  including a guardian, social worker, physician, or clergyman, may
  bring an action [in district court] to request that the medical
  power of attorney be revoked because the principal, at the time the
  medical power of attorney was signed:
               (1)  was not competent; or
               (2)  was under duress, fraud, or undue influence.
         (a-1)  In a county in which there is no statutory probate
  court, an action under this section shall be brought in the district
  court. In a county in which there is a statutory probate court, the
  statutory probate court and the district court have concurrent
  jurisdiction over an action brought under this section.
         (c)  During the pendency of the action, the authority of the
  agent to make health care decisions continues in effect unless the
  [district] court orders otherwise.
         SECTION 3.  Not later than October 1, 2013, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the forms necessary to comply with the changes in law made by
  this Act to Sections 166.163 and 166.164, Health and Safety Code.
         SECTION 4.  The change in law made by this Act to Section
  166.164, Health and Safety Code, does not affect the validity of a
  document executed under that section before the effective date of
  this section.  A document executed before the effective date of this
  section is governed by the law in effect on the date the document
  was executed, and that law continues in effect for that purpose.
         SECTION 5.  The change in law made by this Act to Section
  166.165, Health and Safety Code, applies to an action brought under
  that section on or after the effective date of this Act, regardless
  of whether the power of attorney was executed before, on, or after
  the effective date of this Act.
         SECTION 6.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2013.
         (b)  Sections 1 and 4 of this Act take effect January 1, 2014.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 651 passed the Senate on
  April 25, 2013, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 651 passed the House on
  May 8, 2013, by the following vote:  Yeas 146, Nays 1, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor