|
Who Will Make Medical Decisions For You, If You Become Incapacitated?
Your medical power of attorney is not revoked by the filing for divorce. A final decree terminates your spouse’s right to act under your medical power of attorney. If you have no medical power of attorney, the law makes your spouse first in the order of priority of persons who can make a medical decision for you, if you are incapacitated. The solution in both of these situations is to execute a medical power of attorney which expresses your current wishes.
§ 166.155. Texas Health and Safety Code Revocation
(a) A medical power of attorney is revoked by:
(1) oral or written notification at any time by the principal to the agent or a licensed or certified health or residential care provider or by any other act evidencing a specific intent to revoke the power, without regard to whether the principal is competent or the principal’s mental state;
(2) Execution by the principal of a subsequent medical power of attorney; or
(3) the divorce of the principal and spouse, if the spouse is the principal’s agent unless the medical power of attorney provides otherwise.
§ 313.004. Texas Health and Safety Code Revocation
(a) A medical power of attorney is revoked by:
(1) oral or written notification at any time by the principal to the agent or a licensed or certified health or residential care provider or by any other act evidencing a specific intent to revoke the power, without regard to whether the principal is competent or the principal’s mental state;
(2) Execution by the principal of a subsequent medical power of attorney.
Copyright 2003 – Louis A. Barrelli
|
