Incapacity

Financial Powers of Attorney

Does Medical Power of Attorney Grant Agent Unrestricted Authority to Act?

by Rania Combs


A medical power of attorney allows you to designate a trusted family member or friend to make health care decisions for you in the event you are incapacitated and incapable of making them for yourself.

Although the medical power of attorney grants your agent broad authority, that authority is not unlimited. The Texas statutes restrict the agent’s power to consent to certain treatments including:

  • voluntary inpatient mental health services
  • convulsive treatment
  • psychosurgery
  • abortion
  • neglect of comfort or care

You can further limit your agent’s authority to act in certain circumstances by restricting his or her power in the medical power of attorney.


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