Texas Health and Safety Code 166.158 – Duty of Health or Residential Care Provider
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(a) A principal’s health or residential care provider and an employee of the provider who knows of the existence of the principal’s medical power of attorney shall follow a directive of the principal’s agent to the extent it is consistent with the desires of the principal, this subchapter, and the medical power of attorney.
(b) The attending physician does not have a duty to verify that the agent’s directive is consistent with the principal’s wishes or religious or moral beliefs.
Terms Used In Texas Health and Safety Code 166.158
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(c) A principal’s health or residential care provider who finds it impossible to follow a directive by the agent because of a conflict with this subchapter or the medical power of attorney shall inform the agent as soon as is reasonably possible. The agent may select another attending physician. The procedures established under Sections 166.045 and 166.046 apply if the agent’s directive concerns providing, withholding, or withdrawing life-sustaining treatment.
(d) This subchapter may not be construed to require a health or residential care provider who is not a physician to act in a manner contrary to a physician’s order.