The Difference Between a Power of Attorney and a Health Care Proxy

 Posted on October 30, 2025 in Estate Planning and Probate

A power of attorney and a health care proxy are both legal documents that allow you to appoint someone to make decisions on your behalf should you need it. However, they have different purposes and grant different powers to the person you appoint. If you need help planning for incapacity, a Bexar County, TX estate planning lawyer can advise you of your options.

Geoff Mayfield, Attorney at Law has years of experience guiding clients through sensitive legal matters involving important healthcare and financial decisions. We can provide you with individualized counsel to address your concerns with a power of attorney or health care proxy.

Planning for Incapacity in Texas

Many people take their good health for granted. If you experience a medical emergency that leaves you unable to communicate your wishes, it helps to have someone who will always work to protect your best interests. Powers of attorney and health care proxies can name specific individuals to handle your finances and make medical decisions on your behalf, respectively.

Under Texas law, you are considered incapacitated if you are unable to manage your own financial affairs, look after your physical health, or secure food, clothing, or shelter for yourself due to a physical or mental disorder (Texas Estates Code Sec. 1002.017). Incapacity can happen after a sudden injury, a debilitating illness, or complications arising with age.

Key Differences Between Powers of Attorney and Health Care Proxies

In Texas, both powers of attorney and health care proxies must be in writing with your signature. A power of attorney must be signed in the presence of a notary public in order to be considered valid, while a health care proxy can either be signed in front of a notary public or in the presence of two adult witnesses. However, there are some key differences that separate the two documents:

• A power of attorney is for financial decisions, while a health care proxy is an additional document that a power of attorney needs to make medical decisions. As such, a power of attorney can be used to appoint someone to manage your bank accounts, pay your bills, and sell your property. A health care proxy, on the other hand, can be used to appoint someone to make decisions about your medical care, such as choosing your doctors, consenting to or refusing treatment, and making end-of-life decisions.

• In the case of a power of attorney, it can be either general or limited. A general power of attorney gives the person you appoint broad authority to make any and all financial decisions on your behalf. A limited power of attorney grants the person you appoint more specific authority, such as the ability to manage only your bank accounts or only your investments. A health care proxy is durable and springing, which means that it take and remains in effect even if you become incapacitated.

You can appoint anyone you trust to be your power of attorney or health care proxy. However, the person you appoint must be at least 18 years old to be an agent in a power of attorney or a health care proxy in Texas. Additionally, the agent must be of sound mind and have an understanding of what the document means.

Can a Power of Attorney Ever Make Medical Decisions on Your Behalf?

A power of attorney does not cover medical decisions for you without an additional healthcare proxy. It is primarily a legal tool granting someone the authority to manage your finances if you are unable. When it comes to medical choices, that is where a health care proxy comes in. This legal document authorizes someone to make medical decisions on your behalf if you cannot.

To entrust someone with medical decisions, you specifically need to designate them as your health care proxy. You can choose the same person for both roles, but it is important to recognize that they serve distinct purposes and have different authority.

If you are unsure whether a power of attorney, a health care proxy, or both are appropriate for your situation, you should seek advice from a legal professional. An attorney can provide insight into these document types and guide you in determining the best fit for your unique circumstances.

How Long Do Powers of Attorney and Health Care Proxies Remain in Effect?

One of the major benefits of both health care proxies and powers of attorney is their lasting effect. Unless you revoke the agreement of your own volition, these documents can last until your passing or certain specified conditions have been met. You can revoke a power of attorney or health care proxy at any time as long as you are of sound mind.

If you have any concerns about when a power of attorney or health care proxy should go into effect and how long it should last, Attorney Geoff Mayfield can help you create an agreement that aligns with your priorities.

Other Estate Planning Documents for Incapacity

In addition to a health care proxy, you could also consider establishing an advance medical directive. This document serves a similar purpose to a health care proxy, but instead of appointing an agent to make decisions on your behalf, an advance medical directive directly outlines your preferences for medical care in the event of your incapacity.

A health care proxy and an advance medical directive are not mutually exclusive. In fact, many people create both of these documents to make sure that their medical preferences are clearly expressed, so that there is no ambiguity about how the agent should proceed.

Contact a San Antonio, TX Estate Planning Attorney

No one ever wants to think about losing control of their ability to care for themselves or their finances. But the reality is that we cannot always avoid this outcome. To set yourself up in case of a future complication where either a power of attorney or health care proxy is necessary, you should enlist a Bexar County, TX estate lawyer.

Geoff Mayfield, Attorney at Law can assist you in drafting your legal documents, making the entire process less of a hassle. Dial 210-535-0870 for a free consultation and some much-needed peace of mind.