Texas requires that a medical power of attorney be signed two witnesses. However, the statute provides that in lieu of signing in the presence of witnesses, you may sign your medical power of attorney and have your signature acknowledged before a Notary Public.
If the power of attorney is signed by witnesses, the witnesses must be competent adults. Additionally, at least one of the witnesses cannot be someone who:
- has been designated by you to make health care treatment decisions on your behalf;
- is related to you by blood or marriage;
- is a beneficiary of your estate;
- has a claim on your estate;
- is your attending physician;
- is employed by your attending physician; or
- is an employee of a health care facility in which you reside, if the employee is involved in providing direct care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.
For more information about medical powers of attorney read: What Is A Medical Power of Attorney?