Full Definition

A healthcare proxy — formally called a Medical Power of Attorney in Texas — is a legal document that names a specific individual (the “agent”) to make healthcare decisions on your behalf when you lack the capacity to make them yourself.

The healthcare agent can authorize or refuse medical treatments, choose between care options, select physicians and facilities, and make end-of-life decisions if appropriate authority is granted. The scope of authority can be limited or broadened based on the individual’s wishes expressed in the document.

A healthcare proxy differs from a living will: a living will states your preferences directly, while a healthcare proxy empowers another person to speak for you in real time. Ideally, seniors have both documents so that the agent has clear written guidance to work from.

In Texas, a Medical Power of Attorney must be signed before a notary or two qualified witnesses who are not healthcare providers, beneficiaries, or family members with a claim on the estate. It becomes effective only when a physician determines the person lacks decision-making capacity.