Texas 2013 - 83rd Regular

Texas Senate Bill SB651 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Rodriguez S.B. No. 651
2	2	(Thompson of Harris)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a medical power of attorney.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 166.163 and 166.164, Health and Safety
10	10	Code, are amended to read as follows:
11	11	Sec. 166.163. FORM OF DISCLOSURE STATEMENT. The disclosure
12	12	statement must be in substantially the following form:
13	13	INFORMATION CONCERNING THE MEDICAL POWER OF ATTORNEY
14	14	THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS
15	15	DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
16	16	Except to the extent you state otherwise, this document gives
17	17	the person you name as your agent the authority to make any and all
18	18	health care decisions for you in accordance with your wishes,
19	19	including your religious and moral beliefs, when you are no longer
20	20	capable of making them yourself. Because "health care" means any
21	21	treatment, service, or procedure to maintain, diagnose, or treat
22	22	your physical or mental condition, your agent has the power to make
23	23	a broad range of health care decisions for you. Your agent may
24	24	consent, refuse to consent, or withdraw consent to medical
25	25	treatment and may make decisions about withdrawing or withholding
26	26	life-sustaining treatment. Your agent may not consent to voluntary
27	27	inpatient mental health services, convulsive treatment,
28	28	psychosurgery, or abortion. A physician must comply with your
29	29	agent's instructions or allow you to be transferred to another
30	30	physician.
31	31	Your agent's authority begins when your doctor certifies that
32	32	you lack the competence to make health care decisions.
33	33	Your agent is obligated to follow your instructions when
34	34	making decisions on your behalf. Unless you state otherwise, your
35	35	agent has the same authority to make decisions about your health
36	36	care as you would have had.
37	37	It is important that you discuss this document with your
38	38	physician or other health care provider before you sign it to make
39	39	sure that you understand the nature and range of decisions that may
40	40	be made on your behalf. If you do not have a physician, you should
41	41	talk with someone else who is knowledgeable about these issues and
42	42	can answer your questions. You do not need a lawyer's assistance to
43	43	complete this document, but if there is anything in this document
44	44	that you do not understand, you should ask a lawyer to explain it to
45	45	you.
46	46	The person you appoint as agent should be someone you know and
47	47	trust. The person must be 18 years of age or older or a person under
48	48	18 years of age who has had the disabilities of minority removed.
49	49	If you appoint your health or residential care provider (e.g., your
50	50	physician or an employee of a home health agency, hospital, nursing
51	51	home, or residential care home, other than a relative), that person
52	52	has to choose between acting as your agent or as your health or
53	53	residential care provider; the law does not permit a person to do
54	54	both at the same time.
55	55	You should inform the person you appoint that you want the
56	56	person to be your health care agent. You should discuss this
57	57	document with your agent and your physician and give each a signed
58	58	copy. You should indicate on the document itself the people and
59	59	institutions who have signed copies. Your agent is not liable for
60	60	health care decisions made in good faith on your behalf.
61	61	Even after you have signed this document, you have the right
62	62	to make health care decisions for yourself as long as you are able
63	63	to do so and treatment cannot be given to you or stopped over your
64	64	objection. You have the right to revoke the authority granted to
65	65	your agent by informing your agent or your health or residential
66	66	care provider orally or in writing or by your execution of a
67	67	subsequent medical power of attorney. Unless you state otherwise,
68	68	your appointment of a spouse dissolves on divorce.
69	69	This document may not be changed or modified. If you want to
70	70	make changes in the document, you must make an entirely new one.
71	71	You may wish to designate an alternate agent in the event that
72	72	your agent is unwilling, unable, or ineligible to act as your agent.
73	73	Any alternate agent you designate has the same authority to make
74	74	health care decisions for you.
75	75	THIS POWER OF ATTORNEY IS NOT VALID UNLESS:
76	76	(1) YOU SIGN IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED
77	77	BEFORE A NOTARY PUBLIC; OR
78	78	(2) YOU SIGN IT [IS SIGNED] IN THE PRESENCE OF TWO
79	79	COMPETENT ADULT WITNESSES.
80	80	THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:
81	81	(1) the person you have designated as your agent;
82	82	(2) a person related to you by blood or marriage;
83	83	(3) a person entitled to any part of your estate after
84	84	your death under a will or codicil executed by you or by operation
85	85	of law;
86	86	(4) your attending physician;
87	87	(5) an employee of your attending physician;
88	88	(6) an employee of a health care facility in which you
89	89	are a patient if the employee is providing direct patient care to
90	90	you or is an officer, director, partner, or business office
91	91	employee of the health care facility or of any parent organization
92	92	of the health care facility; or
93	93	(7) a person who, at the time this power of attorney is
94	94	executed, has a claim against any part of your estate after your
95	95	death.
96	96	Sec. 166.164. FORM OF MEDICAL POWER OF ATTORNEY. The
97	97	medical power of attorney must be in substantially the following
98	98	form:
99	99	MEDICAL POWER OF ATTORNEY DESIGNATION OF HEALTH CARE AGENT.
100	100	I, __________ (insert your name) appoint:
101	101	Name:___________________________________________________________
102	102	Address:________________________________________________________
103	103	Phone___________________________________________________________
104	104	as my agent to make any and all health care decisions for me,
105	105	except to the extent I state otherwise in this document. This
106	106	medical power of attorney takes effect if I become unable to make my
107	107	own health care decisions and this fact is certified in writing by
108	108	my physician.
109	109	LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE
110	110	AS FOLLOWS:_____________________________________________________
111	111	_____________________________________________________
112	112	DESIGNATION OF ALTERNATE AGENT.
113	113	(You are not required to designate an alternate agent but you
114	114	may do so. An alternate agent may make the same health care
115	115	decisions as the designated agent if the designated agent is unable
116	116	or unwilling to act as your agent. If the agent designated is your
117	117	spouse, the designation is automatically revoked by law if your
118	118	marriage is dissolved.)
119	119	If the person designated as my agent is unable or unwilling to
120	120	make health care decisions for me, I designate the following
121	121	persons to serve as my agent to make health care decisions for me as
122	122	authorized by this document, who serve in the following order:
123	123	A. First Alternate Agent
124	124	Name:_____________________________________________
125	125	Address:__________________________________________
126	126	Phone________________________________________
127	127	B. Second Alternate Agent
128	128	Name:_____________________________________________
129	129	Address:__________________________________________
130	130	Phone________________________________________
131	131	The original of this document is kept at:
132	132	__________________________________________________
133	133	__________________________________________________
134	134	__________________________________________________
135	135	The following individuals or institutions have signed
136	136	copies:
137	137	Name:_____________________________________________
138	138	Address:__________________________________________
139	139	__________________________________________________
140	140	Name:_____________________________________________
141	141	Address:__________________________________________
142	142	__________________________________________________
143	143	DURATION.
144	144	I understand that this power of attorney exists indefinitely
145	145	from the date I execute this document unless I establish a shorter
146	146	time or revoke the power of attorney. If I am unable to make health
147	147	care decisions for myself when this power of attorney expires, the
148	148	authority I have granted my agent continues to exist until the time
149	149	I become able to make health care decisions for myself.
150	150	(IF APPLICABLE) This power of attorney ends on the following
151	151	date: __________
152	152	PRIOR DESIGNATIONS REVOKED.
153	153	I revoke any prior medical power of attorney.
154	154	ACKNOWLEDGMENT OF DISCLOSURE STATEMENT.
155	155	I have been provided with a disclosure statement explaining
156	156	the effect of this document. I have read and understand that
157	157	information contained in the disclosure statement.
158	158	(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY. YOU MAY SIGN
159	159	IT AND HAVE YOUR SIGNATURE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR
160	160	YOU MAY SIGN IT IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES.)
161	161	SIGNATURE ACKNOWLEDGED BEFORE NOTARY
162	162	I sign my name to this medical power of attorney on __________
163	163	day of __________ (month, year) at
164	164	_____________________________________________
165	165	(City and State)
166	166	_____________________________________________
167	167	(Signature)
168	168	_____________________________________________
169	169	(Print Name)
170	170	State of Texas
171	171	County of ________
172	172	This instrument was acknowledged before me on __________ (date) by
173	173	________________ (name of person acknowledging).
174	174	_____________________________
175	175	NOTARY PUBLIC, State of Texas
176	176	Notary's printed name:
177	177	_____________________________
178	178	My commission expires:
179	179	_____________________________
180	180	OR
181	181	SIGNATURE IN PRESENCE OF TWO COMPETENT ADULT WITNESSES
182	182	I sign my name to this medical power of attorney on __________
183	183	day of __________ (month, year) at
184	184	_____________________________________________
185	185	(City and State)
186	186	_____________________________________________
187	187	(Signature)
188	188	_____________________________________________
189	189	(Print Name)
190	190	STATEMENT OF FIRST WITNESS.
191	191	I am not the person appointed as agent by this document. I am
192	192	not related to the principal by blood or marriage. I would not be
193	193	entitled to any portion of the principal's estate on the principal's
194	194	death. I am not the attending physician of the principal or an
195	195	employee of the attending physician. I have no claim against any
196	196	portion of the principal's estate on the principal's death.
197	197	Furthermore, if I am an employee of a health care facility in which
198	198	the principal is a patient, I am not involved in providing direct
199	199	patient care to the principal and am not an officer, director,
200	200	partner, or business office employee of the health care facility or
201	201	of any parent organization of the health care facility.
202	202	Signature:________________________________________________
203	203	Print Name:___________________________________ Date:______
204	204	Address:__________________________________________________
205	205	SIGNATURE OF SECOND WITNESS.
206	206	Signature:________________________________________________
207	207	Print Name:___________________________________ Date:______
208	208	Address:__________________________________________________
209	209	SECTION 2. Section 166.165, Health and Safety Code, is
210	210	amended by amending Subsections (a) and (c) and adding Subsection
211	211	(a-1) to read as follows:
212	212	(a) A person who is a near relative of the principal or a
213	213	responsible adult who is directly interested in the principal,
214	214	including a guardian, social worker, physician, or clergyman, may
215	215	bring an action [in district court] to request that the medical
216	216	power of attorney be revoked because the principal, at the time the
217	217	medical power of attorney was signed:
218	218	(1) was not competent; or
219	219	(2) was under duress, fraud, or undue influence.
220	220	(a-1) In a county in which there is no statutory probate
221	221	court, an action under this section shall be brought in the district
222	222	court. In a county in which there is a statutory probate court, the
223	223	statutory probate court and the district court have concurrent
224	224	jurisdiction over an action brought under this section.
225	225	(c) During the pendency of the action, the authority of the
226	226	agent to make health care decisions continues in effect unless the
227	227	[district] court orders otherwise.
228	228	SECTION 3. Not later than October 1, 2013, the executive
229	229	commissioner of the Health and Human Services Commission shall
230	230	adopt the forms necessary to comply with the changes in law made by
231	231	this Act to Sections 166.163 and 166.164, Health and Safety Code.
232	232	SECTION 4. The change in law made by this Act to Section
233	233	166.164, Health and Safety Code, does not affect the validity of a
234	234	document executed under that section before the effective date of
235	235	this section. A document executed before the effective date of this
236	236	section is governed by the law in effect on the date the document
237	237	was executed, and that law continues in effect for that purpose.
238	238	SECTION 5. The change in law made by this Act to Section
239	239	166.165, Health and Safety Code, applies to an action brought under
240	240	that section on or after the effective date of this Act, regardless
241	241	of whether the power of attorney was executed before, on, or after
242	242	the effective date of this Act.
243	243	SECTION 6. (a) Except as provided by Subsection (b) of
244	244	this section, this Act takes effect September 1, 2013.
245	245	(b) Sections 1 and 4 of this Act take effect January 1, 2014.