Does Texas have a statutory power of attorney form?

Yes. The statutory durable power of attorney (Est. Code §752.051) lets you grant financial powers by initialing the categories you choose, decide whether it takes effect immediately or on your disability, and name successor agents. To be durable it must contain the statutory words and be signed before a notary (§751.0021); it ends at your death (§751.131). General information, not legal advice.

What is the difference between a medical power of attorney and a directive to physicians in Texas?

The medical power of attorney names an agent to make health care decisions for you when your physician certifies you cannot (Health & Safety Code §166.164); the directive to physicians states your own wishes about life-sustaining treatment in a terminal or irreversible condition (§166.033). Each is signed before two qualifying witnesses or acknowledged before a notary (§166.032). Most Texas plans include both.

Can I say now who should be my guardian in Texas?

Yes. A person may designate by declaration who should serve as guardian of their person or estate if they later become incapacitated, and may disqualify named people; the court appoints the designee in preference to anyone else unless the designee is disqualified or would not serve the ward's best interests (Est. Code §1104.202). A parent may also designate the guardian of a minor child by will or declaration (§1104.053).

Do I need advance directives if I have a Texas trust?

Yes. A revocable trust manages the assets inside it and nothing else: it cannot make a medical decision, sign a tax return, or reach an account you never retitled. The durable power of attorney, the medical power of attorney and the directive to physicians fill those gaps, and a written appointment can name who controls the disposition of your remains (Health & Safety Code §711.002). A licensed Texas attorney can prepare a set that fits.

Texas Powers of Attorney & Advance Directives

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What advance directives are

Advance directives are documents you sign while you have capacity that let trusted people make decisions for you — financial and medical — if illness or injury later prevents you from deciding yourself. Without them, your family may have to ask a Texas court for guardianship, which is slow, public, and costly.

The core Texas documents

Statutory durable power of attorney (Est. Code chapter 752)

Authorizes an agent to handle your finances and property if you can't. Texas lets you choose, in the statutory form, whether it takes effect immediately or only on your disability (§752.051); to be durable it must carry the statutory words and be signed before a notary (§751.0021), and it ends at your death (§751.131) — so who you name, and which powers you initial, matters.

Medical power of attorney (Health & Safety Code §166.164)

Names an agent to make health care decisions for you and access your health information once your physician certifies in writing that you cannot decide for yourself. Signed before two qualifying witnesses or acknowledged before a notary (Health & Safety Code §166.154).

Directive to physicians (Health & Safety Code §166.033)

States your wishes about life-sustaining treatment if you have a terminal or an irreversible condition — so your agent and your doctors know what you want. Signed before two qualifying witnesses or acknowledged before a notary (Health & Safety Code §166.032).

Declaration of guardian, HIPAA authorization & remains

A declaration of guardian names who a court should appoint — and who it should not — if guardianship ever becomes necessary (Est. Code §1104.202); a HIPAA authorization lets named people receive your medical information; and a written appointment names who controls the disposition of your remains (Health & Safety Code §711.002). Often added to round out the set.

Why you need these even with a Trust

A revocable living Trust handles the assets inside it, but it does not make medical decisions, and it doesn't cover assets you never transferred in. Advance directives fill those gaps — and together with a will and a Trust, they keep decisions in the hands of people you chose, not a court.

Putting the set together in Texas

Which directives you need, and how they're worded, depends on your situation, your family, and your wishes. This page is general information, not legal advice. A free role check can show you where you stand, and a Texas attorney can prepare directives that fit you.

This product is not a substitute for the advice of an attorney.

General information about Texas law, not legal advice.

Frequently asked questions

Does Texas have a statutory power of attorney form?: Yes. The statutory durable power of attorney (Est. Code §752.051) lets you grant financial powers by initialing the categories you choose, decide whether it takes effect immediately or on your disability, and name successor agents. To be durable it must contain the statutory words and be signed before a notary (§751.0021); it ends at your death (§751.131). General information, not legal advice.
What is the difference between a medical power of attorney and a directive to physicians in Texas?: The medical power of attorney names an agent to make health care decisions for you when your physician certifies you cannot (Health & Safety Code §166.164); the directive to physicians states your own wishes about life-sustaining treatment in a terminal or irreversible condition (§166.033). Each is signed before two qualifying witnesses or acknowledged before a notary (§166.032). Most Texas plans include both.
Can I say now who should be my guardian in Texas?: Yes. A person may designate by declaration who should serve as guardian of their person or estate if they later become incapacitated, and may disqualify named people; the court appoints the designee in preference to anyone else unless the designee is disqualified or would not serve the ward's best interests (Est. Code §1104.202). A parent may also designate the guardian of a minor child by will or declaration (§1104.053).
Do I need advance directives if I have a Texas trust?: Yes. A revocable trust manages the assets inside it and nothing else: it cannot make a medical decision, sign a tax return, or reach an account you never retitled. The durable power of attorney, the medical power of attorney and the directive to physicians fill those gaps, and a written appointment can name who controls the disposition of your remains (Health & Safety Code §711.002). A licensed Texas attorney can prepare a set that fits.

General information about Texas law, not legal advice.