Every adult in El Paso should have three medical documents, regardless of age or wealth. A medical power of attorney names an agent to make health care decisions when you cannot. A directive to physicians, commonly called a living will, records your wishes about life-sustaining treatment if you have a terminal or irreversible condition. A HIPAA authorization lets the people you name obtain your medical information from hospitals like University Medical Center, Las Palmas or The Hospitals of Providence. Without these, an El Paso family in a crisis may face delays, disagreements between relatives, or a guardianship proceeding just to make treatment decisions.
These documents come from Texas Health and Safety Code Chapter 166, the Advance Directives Act. Subchapter B (Sections 166.031 to 166.053) provides the directive to physicians and requires it to be signed before two qualified witnesses or a notary; certain people, including your agent and your attending physician, cannot serve as the first witness. Subchapter D (Sections 166.151 to 166.166) provides the medical power of attorney, including the required disclosure statement, and Section 166.164 sets out the statutory form. The HIPAA release is authorized by federal regulation 45 CFR 164.508. Texas also offers an out-of-hospital do-not-resuscitate order under Subchapter C for people with serious illness, which requires a physician's signature.
Robert Navar prepares all three documents as a set, walks you through the decisions in English or Spanish, and supervises the signing at our El Paso office with qualified witnesses and a notary. No court is involved; these are private documents that take effect the moment they are signed. We also prepare them at the bedside for clients admitted to an El Paso hospital or scheduled for surgery. Hospital forms handed out at admission are valid but often filled in hastily, without alternates, and without the HIPAA release, which is why families later find that a sibling in Juárez or Las Cruces cannot get information from the nurse's station.
What each document does and who should be named
The medical power of attorney agent should be someone who will be present, can stay calm with doctors, and will honor your wishes even if they disagree. Name at least one alternate. The directive to physicians states whether you want life-sustaining treatment continued or withheld in two situations defined by Texas law: a terminal condition expected to cause death within six months, and an irreversible condition that leaves you unable to care for yourself. The HIPAA release can list several people, including relatives across the border, and does not give them decision-making power, only access to information.
Witness rules and where to keep the documents
Texas has strict witness rules for these forms. At least one witness cannot be your agent, a relative, an heir, your doctor or an employee of your health care facility. Our office supplies witnesses who qualify, so you do not have to bring anyone. After signing, give copies to your agent, your primary care doctor and your preferred El Paso hospital, and keep the originals with your will and durable power of attorney. The documents remain valid until revoked, and you can revoke them orally or in writing at any time under Section 166.155.
What's included
- Consultation in English or Spanish about your wishes and who should speak for you
- Texas medical power of attorney with required disclosure statement and alternate agents
- Directive to physicians and family or surrogates (living will) under Health and Safety Code Chapter 166
- HIPAA authorization naming everyone who may receive your medical information
- Qualified witnesses and notary provided at our El Paso office, or bedside signing when needed
- Wallet card and copies for your agent, doctor and hospital
How it works
Short consultation
We talk through who should make decisions for you, what your wishes are regarding life support, and who should be able to get information from your doctors. A flat-fee quote is given at this meeting.
Document preparation
Robert Navar prepares the three Texas forms with your choices and alternates, reviews the disclosure statement with you, and answers any questions about how the directive works in an El Paso hospital.
Signing with witnesses
You sign at our office with two qualified witnesses and a notary, or we come to the hospital. You leave with originals, copies for your agent and doctor, and a wallet card.