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Health Care Power of Attorney Requirements in Texas

In Texas, a medical power of attorney must be signed before two competent adult witnesses, at least one of whom is not a relative, heir, the agent or certain care providers, or the signature can instead be acknowledged before a notary.

Last checked . General information, not legal advice.

Texas at a glance

Document name
Medical power of attorney
Witnesses
2 witnesses or a notary
Witnesses must be adults.
Notary required
Notary or 2 witnesses
The principal may sign and have the signature acknowledged before a notary public instead of signing before witnesses.
Who cannot witness
1 witness cannot be agent, relative, heir or provider
That witness also cannot be the attending physician or staff, certain health care facility employees, or anyone with a claim against the estate.

Sources

Last checked

The rules in Texas

What is a health care power of attorney called in Texas?

Document name in Texas: Medical power of attorney.

How many witnesses does a health care power of attorney need in Texas?

Witnesses in Texas: 2 witnesses or a notary. Witnesses must be adults.

Does a health care power of attorney have to be notarized in Texas?

Notary or 2 witnesses. Notary required in Texas: notary or 2 witnesses. The principal may sign and have the signature acknowledged before a notary public instead of signing before witnesses.

Who cannot witness a health care power of attorney in Texas?

Who cannot witness in Texas: 1 witness cannot be agent, relative, heir or provider. That witness also cannot be the attending physician or staff, certain health care facility employees, or anyone with a claim against the estate.

Where do the Texas health care power of attorney requirements come from?

The rules above come from Tex. Health & Safety Code 166.154 and Tex. Health & Safety Code 166.003. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.