H.B. No. 995
 
 
 
 
AN ACT
  relating to the form and revocation of medical powers of attorney.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 166.155, Health and
  Safety Code, is amended to read as follows:
         Sec. 166.155.  REVOCATION; EFFECT OF TERMINATION OF
  MARRIAGE.
         SECTION 2.  Section 166.155, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (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. [; or]
         (a-1)  An agent's authority under a medical power of attorney
  is revoked if the agent's marriage to [(3) the divorce of] the
  principal is dissolved, annulled, or declared void [and spouse, if
  the spouse is the principal's agent,] unless the medical power of
  attorney provides otherwise.
         SECTION 3.  Section 166.164, Health and Safety Code, is
  amended to read as follows:
         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, annulled, or declared void unless this
  document provides otherwise.)
         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.
         THIS MEDICAL POWER OF ATTORNEY 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 unable to
  make the decisions for 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 is effective 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 if you were able to make health care
  decisions for yourself.
         It is important that you discuss this document with your
  physician or other health care provider before you sign the
  document to ensure 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
  facility, or residential care facility, 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 allow a person
  to serve as 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 that you intend to have signed copies. Your agent is
  not liable for health care decisions made in good faith on your
  behalf.
         Once you have signed this document, you have the right to make
  health care decisions for yourself as long as you are able to make
  those decisions, 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 in this document, your appointment of a spouse is revoked
  if your marriage is dissolved, annulled, or declared void.
         This document may not be changed or modified. If you want to
  make changes in this document, you must execute a new medical power
  of attorney.
         You may wish to designate an alternate agent in the event that
  your agent is unwilling, unable, or ineligible to act as your agent.
  If you designate an alternate agent, the alternate agent has the
  same authority as the agent 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 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 medical power of
  attorney is executed, has a claim against any part of your estate
  after your death.
         By signing below, I acknowledge that [I have been provided
  with a disclosure statement explaining the effect of this
  document.] I have read and understand the [that] information
  contained in the above 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 4.  Sections 166.162 and 166.163, Health and Safety
  Code, are repealed.
         SECTION 5.  Not later than December 1, 2017, the executive
  commissioner of the Health and Human Services Commission shall
  adopt all rules necessary to implement this Act, including the form
  necessary to comply with the changes in law made by this Act to
  Section 166.164, Health and Safety Code.
         SECTION 6.  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 January 1, 2018.  A
  document executed before the effective date of this section is
  governed by the law in effect immediately before the effective date
  of this Act, and the former law continues in effect for that
  purpose.
         SECTION 7.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect September 1, 2017.
         (b)  Sections 1, 2, 3, 4, and 6 of this Act take effect
  January 1, 2018.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 995 was passed by the House on May 9,
  2017, by the following vote:  Yeas 145, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 995 was passed by the Senate on May
  24, 2017, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor