Relating to a medical power of attorney.
The bill's amendments will impact how medical powers of attorney are structured and executed in Texas, promoting better clarity and adherence to individual preferences. Changes involve modifying specific sections of the Health and Safety Code to ensure patients and their families understand the implications and limitations of the appointed agents. One significant change includes an updated form for patients to complete, which must be understood and acknowledged in consultation with their healthcare provider, thus strengthening the rights of patients in health care settings.
House Bill 2124 seeks to amend the Health and Safety Code in relation to medical powers of attorney. The bill outlines the necessary forms and stipulations regarding the designation of a health care agent, ensuring that individuals have the capacity to appoint someone to make health care decisions on their behalf when they are no longer able to do so. The documentation emphasizes that the agent will have the authority to consent, refuse, or withdraw consent for medical treatment in compliance with the principal's wishes, including religious and moral considerations. Aside from healthcare decisions, it distinctly notes what decisions an agent cannot make, which adds clarity and legal protection to the process.
Concerns may arise around the potential for abuse in the agent's decision-making authority, particularly regarding the capacity to withdraw life-sustaining treatment. By enabling individuals to challenge a medical power of attorney under certain circumstances, such as claims of duress or a lack of competence at the time of signing, the bill faces scrutiny regarding the balance between patient autonomy and the risk of exploitation. The bill has framed these discussions, encouraging stakeholders to evaluate how these provisions could affect vulnerable populations.