Estate planning
Powers of attorney and medical directives
Updated March 30, 2026
A will covers what happens after you die. The documents on this page cover decisions during your lifetime if you can't make them yourself. Without them, your family may have to ask a court to appoint a guardian, which is slower, more expensive, and public. Texas provides statutory forms for several of these documents.
Statutory durable power of attorney
A statutory durable power of attorney names an agent to handle your financial affairs, such as banking, paying bills, managing real estate, filing taxes, and dealing with retirement accounts.
- Durable means it stays effective if you become incapacitated.
- It can take effect immediately, or only if you become incapacitated, often confirmed by a physician's written statement.
- It must be signed before a notary.
- Certain powers, such as making gifts, creating or changing a trust, or changing beneficiary designations, must be granted expressly.
- If your agent uses it in a real estate transaction, it must be recorded in the county's records.
- It ends at your death. After that, your executor takes over.
Your agent is a fiduciary who must act in your interest and keep records. Texas law also sets rules and deadlines for banks and others deciding whether to accept a power of attorney.
Medical power of attorney
A medical power of attorney names an agent to make health care decisions for you when your doctor determines you can't make them yourself. It's signed before a notary or two qualified witnesses, and Texas restricts who can serve as a witness. Your agent should understand your values and wishes, so talk with them before you sign.
Directive to physicians and family or surrogates
This document, often called a living will, states your wishes about life-sustaining treatment if you have a terminal or irreversible condition. It's signed before a notary or two qualified witnesses. A medical power of attorney names who decides; a directive records what you want. Most people have both.
HIPAA authorization
A HIPAA authorization lets doctors and hospitals share your medical information with the people you name. It helps family members and your medical agent get information quickly, even before the medical power of attorney takes effect.
Appointment of agent to control disposition of remains
This document names who will make decisions about your burial or cremation. It can prevent disagreements among family members at a difficult time.
Declaration of guardian in the event of later incapacity or need of guardian
If a court ever needs to appoint a guardian for you, this declaration tells the court who you'd want to serve and anyone you don't want to serve.
Out-of-hospital do-not-resuscitate order
An out-of-hospital DNR order tells emergency responders not to attempt resuscitation outside a hospital. It's a separate Texas form that you complete with your physician, and it isn't part of our packages.
Choosing your agents
- Choose people you trust who are organized and willing to serve.
- Name at least one alternate for each role.
- Talk with them about your wishes, and tell them where your documents are kept.
- Give your medical agent and your doctors copies of your medical documents.
You can revoke any of these documents while you have capacity. If you do, tell your agents and any institutions that have copies.
When to review them
Review these documents after a marriage, divorce, or move, if an agent can no longer serve, and every few years. In Texas, a divorce generally ends a former spouse's authority as your agent under both a durable power of attorney and a medical power of attorney. When a child turns 18, parents no longer automatically receive the child's medical information, so many young adults sign their own powers of attorney and HIPAA authorization.
Cost with us
Our Essentials package ($1,450 individual, $2,400 couple) includes the six core documents on this page: the statutory durable power of attorney, medical power of attorney, directive to physicians, HIPAA authorization, appointment of agent to control disposition of remains, and declaration of guardian. Our revocable living trust packages include them too. See the estate-planning fee schedule.
This is general information, not legal advice.