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Question 1 of 5
Do you want someone you choose to handle financial or property matters if you cannot?

The five documents are not interchangeable

Statutory durable power of attorney

Texas Estates Code Chapter 752 supplies a statutory form for delegated property powers. The principal chooses the powers and may address when they become effective. “Durable” concerns the effect of later disability or incapacity; it is not a healthcare form. Read Texas Estates Code Chapter 752.

Medical power of attorney

This document appoints an adult agent to make healthcare decisions when the statutory conditions are met. Texas Health and Safety Code Chapter 166 describes disclosure, execution, agent authority, and limitations. Review Texas Health and Safety Code Chapter 166.

Directive to physicians

Sometimes called a living will, this directive addresses the use, withholding, or withdrawal of life-sustaining treatment in the circumstances covered by Texas law. It states treatment wishes; it does not replace the separate job of naming a medical agent.

HIPAA authorization

A disclosure authorization can let named people receive protected health information. That access can help an agent communicate, but record access alone does not grant authority to consent to or refuse treatment. Scope, recipients, expiration, and revocation language deserve careful review.

Declaration of guardian

A competent adult can identify whom the person prefers to serve, or disqualify named people, if a court later considers guardianship. The declaration informs that process; it does not bypass eligibility rules or court findings. See Texas Estates Code Chapter 1104.

Start with current forms

Texas Health and Human Services publishes advance-directive forms and explanations. Confirm that you are using current materials, follow the form's signing instructions, and ask a licensed Texas attorney about conflicts or special circumstances. Open the Texas Health and Human Services medical power of attorney page.

Frequently asked questions

Is a Texas medical power of attorney the same as a living will?

No. A medical power of attorney names an agent for healthcare decisions under the conditions in Texas law. A directive to physicians, often called a living will, records treatment instructions for a terminal or irreversible condition.

Does a durable power of attorney cover medical decisions?

The Texas statutory durable power of attorney addresses property and financial powers. Healthcare decision-making is governed separately, including by the Texas Advance Directives Act.

Does a declaration of guardian guarantee the court's choice?

No. A declaration records a preference, but the proposed guardian still must be eligible and the court applies Texas law to the appointment.