Putting It In Writing First
Health & Safety Code 166.154 — two witnesses or a notary, with one witness outside the circle
In Texas, a medical power of attorney is signed by the principal in the presence of two witnesses, who also sign it, or the principal may instead sign it and have the signature acknowledged before a notary public. A written directive is executed the same way.
One witness from outside the circle. Each witness must be a competent adult, and at least one must not be the person designated to make decisions, a relative by blood or marriage, an heir or anyone with a claim against the estate, the attending physician or their employee, or an employee of a health care facility providing direct care to the declarant.
| The assumption | What the law actually does |
|---|---|
| The assumptionA medical power of attorney needs a notary | What the law actually doesTwo witnesses, or a notary in their place |
| The assumptionTwo relatives can witness | What the law actually doesAt least one witness must be outside the people the section lists |
Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed Texas attorney.
Sources for this section (3)
- Health & Safety 166.154 — Medical power of attorney: execution
- Health & Safety 166.032 — Written directive by competent adult; notice to physician
- Health & Safety 166.003 — Advance directives: witnesses
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.