Texas Civil Practice and Remedies Code 137.009 – Conflicting or Contrary Provisions
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(a) Mental health treatment instructions contained in a declaration executed in accordance with this chapter supersede any contrary or conflicting instructions given by:
(1) a medical power of attorney under Subchapter D, Chapter 166, Health and Safety Code; or
(2) a guardian appointed under Title 3, Estates Code, after the execution of the declaration.
(b) Mental health treatment instructions contained in a declaration executed in accordance with this chapter shall be conclusive evidence of a declarant’s preference in a medication hearing under § 574.106, Health and Safety Code.
Terms Used In Texas Civil Practice and Remedies Code 137.009
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC