This form is provided in the Texas Civil Practice and Remedies Code. It allows you to make mental health decisions in advance regarding mental health treatments.
Declaration For Mental Health Treatment Texas Forms For Power Of Attorney
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Texas
Control #:
TX-P0101
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How to fill out Texas Declaration For Mental Health Treatment?
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FAQ
Texas Law. Allows an individual, including a minor, through a Medical Power of Attorney, to designate an agent to make health care decisions on that individual's behalf if the individual's doctor certifies that the individual is incompetent to make such decisions.
We often hear the question, does the power of attorney need to be notarized in Texas? The answer is yes; the document and any changes to it should be formally notarized. Once these steps are completed, power of attorney is validly granted.
The law specifically states that a "Directive to Physicians" does not have to be notarized. A physician, health care facility, or health care professional may not require it be notarized nor may any of them require you to use a specific form. The law does not mention notarization in the other three directives.
The two witnesses are not required if the Directive is signed in the presence of and is notarized by a notary public. If your Directive is not in writing, your doctor and two witnesses (one of which must not be one as named above) must be present.
Yes. Your agent may make any health care decision that you could make if competent, including any mental health care decision. However, you can limit the power of your agent (for example, you can state that your agent is empowered only to make decisions about medication and not about hospitalization).