Bill > HB1059

This bill modifies Texas health care law by introducing two key provisions related to advance directives and medical power of attorney (MPOA). First, the bill establishes a presumption of validity for advance directives, meaning healthcare providers can assume an advance directive is valid unless they have specific knowledge otherwise, and they will not be held civilly or criminally liable for following an advance directive they believe is legitimate. Second, the bill creates new standards for medical power of attorney forms, requiring that such documents be written in plain language, allow individuals to specify healthcare instructions and agents, and be accepted in at least 40 other states. The executive commissioner of the Health and Human Services Commission is required to review and designate acceptable MPOA documents by December 1, 2025, with specific criteria including allowing the principal to designate primary and alternate healthcare agents, specify decision-making limitations, and be executed with proper witness or notary requirements. The bill will take effect on September 1, 2025, and will apply only to medical power of attorney documents executed on or after that date, ensuring a smooth transition for existing documents.

Health and Social Services

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB1059