By: Wray, Guillen (Senate Sponsor - Rodríguez) H.B. No. 995          (In the Senate - Received from the House May 10, 2017;   May 10, 2017, read first time and referred to Committee on State   Affairs; May 18, 2017, reported favorably by the following vote:     Yeas 9, Nays 0; May 18, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the form and revocation of medical powers of attorney.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 166.155, Health and   Safety Code, is amended to read as follows:          Sec. 166.155.  REVOCATION; EFFECT OF TERMINATION OF   MARRIAGE.          SECTION 2.  Section 166.155, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsection (a-1) to   read as follows:          (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; or                (2)  execution by the principal of a subsequent medical   power of attorney. [; or]          (a-1)  An agent's authority under a medical power of attorney   is revoked if the agent's marriage to [(3) the divorce of] the   principal is dissolved, annulled, or declared void [and spouse, if   the spouse is the principal's agent,] unless the medical power of   attorney provides otherwise.          SECTION 3.  Section 166.164, Health and Safety Code, is   amended to read as follows:          Sec. 166.164.  FORM OF MEDICAL POWER OF ATTORNEY. The   medical power of attorney must be in substantially the following   form:   MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.   I, __________ (insert your name) appoint:   Name:___________________________________________________________   Address:________________________________________________________   Phone___________________________________________________________          as my agent to make any and all health care decisions for me,   except to the extent I state otherwise in this document. This   medical power of attorney takes effect if I become unable to make my   own health care decisions and this fact is certified in writing by   my physician.          LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE   AS FOLLOWS:_____________________________________________________   ________________________________________________________________          DESIGNATION OF ALTERNATE AGENT.          (You are not required to designate an alternate agent but you   may do so. An alternate agent may make the same health care   decisions as the designated agent if the designated agent is unable   or unwilling to act as your agent. If the agent designated is your   spouse, the designation is automatically revoked by law if your   marriage is dissolved, annulled, or declared void unless this   document provides otherwise.)          If the person designated as my agent is unable or unwilling to   make health care decisions for me, I designate the following   persons to serve as my agent to make health care decisions for me as   authorized by this document, who serve in the following order:          A.  First Alternate Agent                Name:________________________________________________                Address:_____________________________________________                      Phone __________________________________________          B.  Second Alternate Agent                Name:________________________________________________                Address:_____________________________________________                      Phone __________________________________________                The original of this document is kept at:                _____________________________________________________                _____________________________________________________                _____________________________________________________                The following individuals or institutions have signed   copies:                Name:________________________________________________                Address:_____________________________________________                _____________________________________________________                Name:________________________________________________                Address:_____________________________________________                _____________________________________________________          DURATION.          I understand that this power of attorney exists indefinitely   from the date I execute this document unless I establish a shorter   time or revoke the power of attorney. If I am unable to make health   care decisions for myself when this power of attorney expires, the   authority I have granted my agent continues to exist until the time   I become able to make health care decisions for myself.          (IF APPLICABLE) This power of attorney ends on the following   date: __________          PRIOR DESIGNATIONS REVOKED.          I revoke any prior medical power of attorney.          [ACKNOWLEDGMENT OF] DISCLOSURE STATEMENT.          THIS MEDICAL POWER OF ATTORNEY IS AN IMPORTANT LEGAL   DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE   IMPORTANT FACTS:          Except to the extent you state otherwise, this document gives   the person you name as your agent the authority to make any and all   health care decisions for you in accordance with your wishes,   including your religious and moral beliefs, when you are unable to   make the decisions for yourself. Because "health care" means any   treatment, service, or procedure to maintain, diagnose, or treat   your physical or mental condition, your agent has the power to make   a broad range of health care decisions for you. Your agent may   consent, refuse to consent, or withdraw consent to medical   treatment and may make decisions about withdrawing or withholding   life-sustaining treatment. Your agent may not consent to voluntary   inpatient mental health services, convulsive treatment,   psychosurgery, or abortion. A physician must comply with your   agent's instructions or allow you to be transferred to another   physician.          Your agent's authority is effective when your doctor   certifies that you lack the competence to make health care   decisions.          Your agent is obligated to follow your instructions when   making decisions on your behalf. Unless you state otherwise, your   agent has the same authority to make decisions about your health   care as you would have if you were able to make health care   decisions for yourself.          It is important that you discuss this document with your   physician or other health care provider before you sign the   document to ensure that you understand the nature and range of   decisions that may be made on your behalf. If you do not have a   physician, you should talk with someone else who is knowledgeable   about these issues and can answer your questions. You do not need a   lawyer's assistance to complete this document, but if there is   anything in this document that you do not understand, you should ask   a lawyer to explain it to you.          The person you appoint as agent should be someone you know and   trust. The person must be 18 years of age or older or a person under   18 years of age who has had the disabilities of minority removed.   If you appoint your health or residential care provider (e.g., your   physician or an employee of a home health agency, hospital, nursing   facility, or residential care facility, other than a relative),   that person has to choose between acting as your agent or as your   health or residential care provider; the law does not allow a person   to serve as both at the same time.          You should inform the person you appoint that you want the   person to be your health care agent. You should discuss this   document with your agent and your physician and give each a signed   copy. You should indicate on the document itself the people and   institutions that you intend to have signed copies. Your agent is   not liable for health care decisions made in good faith on your   behalf.          Once you have signed this document, you have the right to make   health care decisions for yourself as long as you are able to make   those decisions, and treatment cannot be given to you or stopped   over your objection. You have the right to revoke the authority   granted to your agent by informing your agent or your health or   residential care provider orally or in writing or by your execution   of a subsequent medical power of attorney. Unless you state   otherwise in this document, your appointment of a spouse is revoked   if your marriage is dissolved, annulled, or declared void.          This document may not be changed or modified. If you want to   make changes in this document, you must execute a new medical power   of attorney.          You may wish to designate an alternate agent in the event that   your agent is unwilling, unable, or ineligible to act as your agent.   If you designate an alternate agent, the alternate agent has the   same authority as the agent to make health care decisions for you.          THIS POWER OF ATTORNEY IS NOT VALID UNLESS:                (1)  YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED   BEFORE A NOTARY PUBLIC; OR                (2)  YOU SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT   WITNESSES.          THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:                (1)  the person you have designated as your agent;                (2)  a person related to you by blood or marriage;                (3)  a person entitled to any part of your estate after   your death under a will or codicil executed by you or by operation   of law;                (4)  your attending physician;                (5)  an employee of your attending physician;                (6)  an employee of a health care facility in which you   are a patient if the employee is providing direct patient care to   you or is an officer, director, partner, or business office   employee of the health care facility or of any parent organization   of the health care facility; or                (7)  a person who, at the time this medical power of   attorney is executed, has a claim against any part of your estate   after your death.          By signing below, I acknowledge that [I have been provided   with a disclosure statement explaining the effect of this   document.] I have read and understand the [that] information   contained in the above disclosure statement.          (YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. YOU MAY SIGN   IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR   YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.)          SIGNATURE ACKNOWLEDGED BEFORE NOTARY          I sign my name to this medical power of attorney on __________   day of __________ (month, year) at   _____________________________________________   (City and State)   _____________________________________________   (Signature)   _____________________________________________   (Print Name)   State of Texas   County of ________   This instrument was acknowledged before me on __________ (date) by   ________________ (name of person acknowledging).                                        _____________________________                                        NOTARY PUBLIC, State of Texas                                        Notary's printed name:                                        _____________________________                                        My commission expires:                                        _____________________________   OR          SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES          I sign my name to this medical power of attorney on __________   day of __________ (month, year) at   _____________________________________________   (City and State)   _____________________________________________   (Signature)   _____________________________________________   (Print Name)          STATEMENT OF FIRST WITNESS.          I am not the person appointed as agent by this document. I am   not related to the principal by blood or marriage. I would not be   entitled to any portion of the principal's estate on the principal's   death. I am not the attending physician of the principal or an   employee of the attending physician. I have no claim against any   portion of the principal's estate on the principal's   death.  Furthermore, if I am an employee of a health care facility   in which the principal is a patient, I am not involved in providing   direct patient care to the principal and am not an officer,   director, partner, or business office employee of the health care   facility or of any parent organization of the health care facility.          Signature:________________________________________________          Print Name:___________________________________ Date:______          Address:__________________________________________________          SIGNATURE OF SECOND WITNESS.          Signature:________________________________________________          Print Name:___________________________________ Date:______          Address:__________________________________________________          SECTION 4.  Sections 166.162 and 166.163, Health and Safety   Code, are repealed.          SECTION 5.  Not later than December 1, 2017, the executive   commissioner of the Health and Human Services Commission shall   adopt all rules necessary to implement this Act, including the form   necessary to comply with the changes in law made by this Act to   Section 166.164, Health and Safety Code.          SECTION 6.  The change in law made by this Act to Section   166.164, Health and Safety Code, does not affect the validity of a   document executed under that section before January 1, 2018.  A   document executed before the effective date of this section is   governed by the law in effect immediately before the effective date   of this Act, and the former law continues in effect for that   purpose.          SECTION 7.  (a) Except as provided by Subsection (b) of this   section, this Act takes effect September 1, 2017.          (b)  Sections 1, 2, 3, 4, and 6 of this Act take effect   January 1, 2018.     * * * * *