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§ 137.010.Revocation

Title 6. Miscellaneous Provisions · Chapter 137. Declaration for Mental Health Treatment · Last amended 1999 · Last verified August 29, 2026

In one sentenceSection 137.010 lets a principal who is not incapacitated revoke by notice, by conduct showing intent, or by a later declaration, and requires providers to record and pass on the revocation.

Full Text of § 137.010

Text sizeJump to: (a) (b)

(a)A declaration for mental health treatment is revoked when a principal who is not incapacitated:
(1)notifies a licensed or certified health or residential care provider of the revocation;
(2)acts in a manner that demonstrates a specific intent to revoke the declaration; or
(3)executes a later declaration for mental health treatment.
(b)A principal's health or residential care provider who is informed of or provided with a revocation of a declaration for mental health treatment immediately shall:
(1)record the revocation in the principal's medical record; and
(2)give notice of the revocation to any other health or residential care provider the provider knows to be responsible for the principal's care.
End

Plain-English Summary

Revocation, and the three routes are deliberately easy to use.

Only a principal who is not incapacitated may revoke. That limit is the counterpart of the whole scheme — a document that takes effect on incapacity would be worthless if it could be revoked during incapacity.

First route: notifying a licensed or certified health or residential care provider of the revocation.

No writing is required, and no particular provider. Telling any licensed or certified provider revokes the declaration.

Second route: acting in a manner that demonstrates a specific intent to revoke.

That is an unusually open standard — tearing up the document, striking through it, or telling family in terms — and it is why the liability section protects a provider who acts under a declaration without knowing it was revoked.

Third route: executing a later declaration. The new document displaces the old without any separate revocation.

The ease of revocation is a deliberate choice. A person whose views on their own treatment have changed should not need a lawyer, a notary, or witnesses to say so.

Subsection (b) puts two immediate duties on a provider informed of or provided with a revocation. Record the revocation in the principal’s medical record, and give notice of it to any other provider the provider knows to be responsible for the principal’s care.

Both are required "immediately", and the second is what carries the revocation through a treatment team — a revocation known to one clinician and to nobody else would leave others acting on a document that no longer stands.

Frequently Asked Questions

How is a declaration revoked?

By notifying a licensed or certified provider, by acting in a manner demonstrating specific intent to revoke, or by executing a later declaration.

Can it be revoked during incapacity?

No. Only a principal who is not incapacitated may revoke.

What must a provider do?

Immediately record the revocation in the medical record and notify any other provider known to be responsible for the principal’s care.

Amendment History

  • Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.
  • Amended by Acts 1999, 76th Leg., ch. 464, Sec. 4, eff. June 18, 1999.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source