Texas Senate Bill SB651

Texas 2013 - 83rd Regular

Caption

Relating to a medical power of attorney.

Impact

The changes proposed in SB651 aim to standardize and enhance the process of executing a medical power of attorney, thereby protecting patient rights and ensuring their healthcare wishes are respected when they are unable to express them themselves. With the updated guidelines, it is made clear that medical decisions must reflect the values and preferences of the principal, thus possibly impacting legal interpretations in healthcare decision-making across Texas. This has far-reaching implications for patients, healthcare providers, and legal practitioners handling such matters.

Summary

SB651 relates to the provision and regulation of medical powers of attorney in the state of Texas. The bill amends existing provisions in the Health and Safety Code regarding the formalities of executing a medical power of attorney, specifically outlining the responsibilities and limitations of the appointed agent. Among other clarifications, the bill emphasizes that an agent must act in accordance with the principal’s wishes and includes specific competencies required for a power of attorney to be considered valid. This emphasizes a patient's autonomy and the seriousness of appointing a healthcare decision-maker.

Contention

During discussions surrounding the bill, potential points of contention included the degree of agency given to the appointed agents and the complexity of revoking a medical power of attorney. Critics raised concerns about ensuring that vulnerable populations are adequately protected against potential misuse of power and that instructions given by the principal remain clear and enforceable. Additionally, the legal ramifications of decisions made under the authority of a medical power of attorney were scrutinized, with some advocating for stringent requirements to minimize risks associated with potential conflicts of interest.