[TX] Do both the agent and principal need to be present for witness signatures in order for a Medical Power of Attorney to be valid?
On the Texas Medical Power of Attorney form, both Mom and I sign it. I am the "agent." It is Mom's medical power of attorney. Then two witnesses are required, or a notary. Since I live 1000 miles away, will the witnesses be witnessing Mom's signature, or do both of us have to be present in the presence of two witnesses?
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If you're using a version where both the principal and the agent sign, and you're signing separately, you could add a separate space for two additional witnesses — one set for your mother’s signature and another for yours. They’re supposed to be witnessing both the principal and the agent if both signatures are included and meant to be executed at the same time. If you sign it first, you would usually need your signature witnessed or notarized separately, and then your mom would sign in front of her own two witnesses.
This is usually because the form assumes you're signing at the same time — but when that’s not possible, you can edit the signatures portion to allow for separate execution.
That said, your mother’s signature is the most important. Most forms don’t legally require the agent to sign at all. (§ 166.154(a)) If you do sign, it’s a good idea to have your signature witnessed or notarized too, especially if you are adding it after the fact.
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On the Texas Medical Power of Attorney form, both Mom and I sign it. I am the "agent." It is Mom's medical power of attorney. Then two witnesses are required, or a notary. Since I live 1000 miles away, will the witnesses be witnessing Mom's signature, or do both of us have to be present in the presence of two witnesses?
Lexi, Chatbot
I understand the importance of ensuring the Texas Medical Power of Attorney form is properly executed. Are you looking to clarify if both you and your mom need to be present for witness signatures in order for the document to be valid?
Yes.
Lexi, Chatbot
Have you already identified who will be acting as the witnesses for the signing of the Texas Medical Power of Attorney form?
No. She might ask church ladies.
Lexi, Chatbot
Rest assured the estate lawyer will be able to help with witnessing the signing of the Texas Medical Power of Attorney form.
Elizabeth
Welcome and thank you for using Ask a Lawyer. My name is Liz and I'm the attorney who will be assisting with your legal question. I know that dealing with the law can be difficult and confusing, so I’m here to help!
So I can best help — is there space to also witness and notarize your (agent’s) signature separately?
Which version of the form are you referring to?
Elizabeth
If you're using a version where both the principal and the agent sign, and you're signing separately, you could add a separate space for two additional witnesses — one set for your mother’s signature and another for yours. They’re supposed to be witnessing both the principal and the agent if both signatures are included and meant to be executed at the same time. If you sign it first, you would usually need your signature witnessed or notarized separately, and then your mom would sign in front of her own two witnesses.
This is usually because the form assumes you're signing at the same time — but when that’s not possible, you can edit the signatures portion to allow for separate execution.
That said, your mother’s signature is the most important. Most forms don’t legally require the agent to sign at all. (§ 166.154(a)) If you do sign, it’s a good idea to have your signature witnessed or notarized too, especially if you are adding it after the fact.
Ok, thanks. Bye.
Elizabeth
You're very welcome. Bye!
Elizabeth
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