Texas House Bill HB2180

Texas 2021 - 87th Regular

Caption

Relating to the authority granted under and form of a medical power of attorney.

Impact

The enactment of this bill will significantly impact how medical power of attorney documents are structured and executed in the state of Texas. With the introduction of the co-agent provision, patients will have the opportunity to involve trusted family members, friends, or health professionals in their health care decisions. This could lead to more comprehensive and considerate health care, potentially easing the decision-making burden during critical medical situations. The rule is expected to be beneficial for patients desiring shared decision-making, particularly where divergent opinions may exist among potential agents.

Summary

House Bill 2180 introduces amendments to the Health and Safety Code, specifically addressing the medical power of attorney (MPOA). The bill permits the designation of multiple agents as 'co-agents' who can make health care decisions concurrently for the principal, expanding the scope of representation in medical decision-making. It clarifies that co-agents can act independently unless specified otherwise within the MPOA, thereby improving flexibility in situations where quick decisions are essential. This change aims to accommodate individuals preferring collaborative decision-making for their health care.

Contention

While the bill is generally perceived as an advancement in patient autonomy, there may be concerns regarding the potential for conflicts arising between co-agents. If disagreements occur, health care providers have the discretion to choose which directive to follow, which may lead to complications and confusion. Furthermore, legal and ethical considerations surrounding the responsibilities of co-agents and their authority to make critical health decisions could spark debate. This necessitates clear communication and guidelines to mitigate risks associated with conflicting directives.

Additional_points

The bill also makes provisions for liability protections for health care providers, ensuring they are not subject to civil or criminal repercussions when adhering to directives from co-agents or, by extension, alternate agents in situations lacking clarity. This aspect reinforces trust in the legal framework surrounding medical decision-making while ensuring that providers can act without fear of repercussions in complex situations. The bill specifically stipulates that any MPOA executed prior to the bill's effective date will not be subject to these new provisions, maintaining respect for previously established documents.