Texas Senate Bill SB1934

Texas 2021 - 87th Regular

Caption

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

Impact

The implementation of SB1934 is expected to significantly alter existing regulations surrounding medical powers of attorney by allowing principals to designate multiple co-agents. This change enables more flexibility in health care decisions, particularly in challenging situations where quick consensus may be necessary. Furthermore, the bill provides guidance on how health care providers should handle conflicting directives from co-agents, ensuring that they are not held liable for following one agent's directive over another's, thus potentially reducing legal disputes.

Summary

SB1934, titled as an act relating to the authority granted under and the form of a medical power of attorney, aims to amend certain provisions in the Texas Health and Safety Code. The primary focus of the bill is to introduce the concept of 'co-agents' who can make health care decisions concurrently with one another on behalf of a principal. This legislative move seeks to address situations where multiple individuals are in a position to direct care, streamlining the process while allowing for decentralized decision-making in health care scenarios.

Contention

While the bill introduces beneficial provisions, there are concerns about the implications of multiple co-agents making simultaneous decisions. Critics argue that this could lead to confusion or conflict among agents, particularly in urgent medical situations. The degree of authority granted to co-agents versus designated alternates raises questions about the proper execution of health care wishes, especially if disagreements occur amongst them. Stakeholders in the health care field are expected to engage in further discussions to clarify responsibilities and enhance the effectiveness of this legislative change.