Texas Senate Bill SB310

Texas 2019 - 86th Regular

Caption

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

Impact

The proposed changes would significantly impact the way medical powers of attorney are structured in Texas. Healthcare providers would need to navigate these new regulations when consulting patients' agents about medical decisions. Furthermore, the ability to appoint joint agents could provide additional support for patients when dealing with complex health issues, thus enhancing patient autonomy and personal agency in healthcare decisions.

Summary

Senate Bill 310 seeks to amend provisions within the Texas Health and Safety Code regarding medical power of attorney. It introduces the concept of designating two or more agents to act jointly in making healthcare decisions on behalf of a principal, allowing flexibility in critical health scenarios. In instances where the designated agents cannot agree on a decision, the bill also clarifies that an agent may act independently based on the stipulated order in which they are listed. This flexibility is intended to ensure that decision-making is not stalled in emergencies where consensus is challenging.

Contention

Despite the benefits, some potential points of contention may arise regarding the interpretation of 'joint agency' and the authority granted to agents. There may be concerns about whether the provision allowing an agent to act independently could lead to conflicts among agents or result in decisions that do not accurately reflect the wishes of the principal. Furthermore, the implementation of these changes may require additional training and resources for healthcare providers to ensure compliance and appropriate adherence to the revised law.