Texas: your 18-year-old’s paperwork

What this covers: how a Texas student signs the four Covered18 documents (health care directive, financial power of attorney, HIPAA release, FERPA consent) and what to do afterward. It does not say which choices are right for your family.

0. Before you start

• Age: A Texas adult is 18 or older (H&S §166.151(1); Est. Code §751.0021). Sign on or after the 18th birthday.
• Talk with the person you plan to name (and a backup) before anything is printed. They need to agree and know where the papers will be.
• Schools, hospitals and banks sometimes ask for their own forms. Ask the school's registrar and student health center what they accept.
• If any item below says UNVERIFIED, confirm it with the notary, the state source, or a lawyer before relying on it.

1. Health care directive

Medical Power of Attorney (Texas)
Statutory form text reproduced verbatim from the official source (see Sources). Texas requires the medical power of attorney to be "in substantially the following form" (H&S Code §166.164). The optional Directive to Physicians (§166.033) is a separate form and is not included.

• Either sign in front of two qualified witnesses who also sign, or sign and have the signature acknowledged by a notary (H&S §166.154).
• At least one witness must not be the agent, related to the principal by blood or marriage, entitled to any part of the estate, the attending physician or the physician's employee, a facility employee giving direct care, or a creditor with a claim (§166.003). The kit default: use two witnesses who meet all of these.
• The easiest path is the notary.

Watch for: - The agent's authority begins only after the attending physician certifies in writing that the principal is incompetent (§166.152). - The form contains a Disclosure Statement the principal must receive; keep it with the signed form.

2. Financial power of attorney

Statutory Durable Power of Attorney (Texas)
Statutory form text reproduced verbatim from the official source (see Sources). Optional statutory form, Texas Estates Code §752.051.

• The student signs and the signature is acknowledged before an authorized officer (a notary) (Est. Code §751.0021(a)(4)). No witnesses are required.
• Gifts and other optional powers require initials.

Watch for: - Texas POAs are not durable by default; the form contains the durability words. Do not delete them. - The signature must be acknowledged before a notary (§751.0021).

3. HIPAA authorization and FERPA consent

• The HIPAA release and FERPA consent are separate papers built from the federal required elements (45 CFR 164.508; 34 CFR 99.30). The student signs and dates each. Neither gives anyone the power to make decisions; they only allow information to be shared.
• Notarization is not required by the federal rules. Some schools and providers want their own form; ask first.
• Texas Health & Safety Code §181.154 and its covered-entity rules were noted but not applied to a standing authorization. UNVERIFIED.
• Ask the registrar and student health center which forms they accept.

4. Remote (online) options

Question	What we found
Remote online notarization	Texas has online notarization (Gov. Code ch. 406, subch. C). Whether an online acknowledgment satisfies §166.154(b) and §751.0021 in practice: UNVERIFIED. Do not rely on it until a lawyer confirms.
Remote witnessing	No statute found. Treat as not allowed.

If the table says UNVERIFIED, plan on signing in person. See the notary options page for online notary services and their public prices.

5. If the student is signing from another state

• Another state's directive: given the same effect (H&S §166.005).
• Another state's POA: valid if it complied with the law that determines its meaning and effect (Est. Code §751.0023(b)).

Banks and hospitals decide for themselves what they accept. Whether yours accepts an out-of-state document is UNVERIFIED.

6. Stop and ask a lawyer if

• Anything in your situation does not match this guide (for example guardianship, a disability, or a business interest).

7. Checklist to bring to the notary

• ☐ Government photo ID that is current (the notary will check it against the name on the papers).
• ☐ The documents, printed, unsigned. Do not sign ahead of time.
• ☐ Every person who must be present: the student, any witnesses (see Section 1 and 2), and the notary.
• ☐ Names, addresses and phone numbers for the agent(s) and backups.
• ☐ A black-ink pen. Print the HIPAA release and FERPA consent on their own pages.
• ☐ Ask the notary what the fee is before the appointment. Notary fees are not included in Covered18's price.
• ☐ Do not bring the agent as a witness unless the state section above says it is allowed.

8. After signing

• Make copies. Give a copy to the agent, the backup agent, the student's doctor or campus health center, and the bank if the financial document is meant to be used there. Keep the original somewhere safe and tell people where.
• Keep a scan in a place the agent can reach.
• Review once a year and after any big change (new school, move, relationship change). The HIPAA release has its own expiry date; set a reminder.
• If the student wants to change or cancel a document, ask the notary or a lawyer how to do that in your state.

9. UNVERIFIED items

• 2025-session amendments to H&S ch. 166 and Est. Code chs. 751-752.
• Whether the HHSC PDF matches the current statute (the HHSC page was blocked).
• Online acknowledgment for the MPOA and POA.