Understanding How Texas Law Handles Medical Power Of Attorney Disputes
A medical power of attorney gives a trusted individual the right to make healthcare decisions if you can’t speak for yourself. At Bineham & Gillen, our San Antonio legal team helps families create and understand these documents as part of a solid estate plan.
But what happens if someone disagrees with those decisions? Can a medical power of attorney actually be overridden in Texas?
Let’s take a closer look at how Texas law approaches this sensitive issue and when a medical power of attorney (MPOA) may be challenged or revoked.
Who Can Override A Medical Power Of Attorney In Texas?
Under Texas law, the person named in a medical power of attorney, called the agent, has legal authority to make healthcare choices when the patient becomes incapacitated. However, there are situations when their authority may be limited or overridden.
A court can intervene if there’s evidence that the agent is not acting in the patient’s best interest, is abusing their authority or is making decisions that clearly go against the patient’s stated wishes. In these cases, a judge may suspend or revoke the medical power of attorney.
Family members themselves do not automatically have the right to revoke a power of attorney, even if they disagree with the agent’s choices. They can, however, petition the court to review the agent’s conduct if they believe the patient’s safety or medical care is at risk.
When Can A Medical Power Of Attorney Be Revoked?
The principal, who created the MPOA, retains the right to revoke it at any time, provided they are mentally competent. This can be done in writing, verbally in front of witnesses or by creating a new power of attorney that replaces the old one.
A medical power of attorney also automatically ends under these conditions:
- The patient passes away
- The document includes an expiration date that has arrived
- The patient becomes competent and decides to make their own medical decisions again
- The court appoints a guardian who now has legal decision-making authority
If any of these situations apply, the MPOA is no longer valid under Texas law.
Why Legal Guidance Matters
Disagreements about medical care can be emotional and complex. Having a clear, legally sound medical power of attorney can help prevent confusion and family conflict. At B&G, we take the time to ensure your document aligns with your wishes and meets Texas legal standards.
Our attorneys also help clients in Helotes, Shavano Park, The Dominion and throughout San Antonio understand when and how to take legal action if a loved one’s power of attorney is being misused.
Learn More About Medical Power Of Attorney In Texas
Creating a medical power of attorney is one of the most important steps in estate planning. It protects your rights and ensures your medical choices are respected. If you have questions about who can override or revoke a medical power of attorney in Texas, contact Bineham & Gillen today to learn more about your options.
