A living will can answer some of the most difficult medical questions your family may ever face. If you become unable to communicate because of a serious illness or injury, who will know what treatment you want? What happens if doctors determine that you have a terminal or irreversible condition? Who should speak for you when you cannot speak for yourself?
For Texas residents, a living will, formally called a Directive to Physicians and Family or Surrogates, provides written instructions for life-sustaining treatment in circumstances defined by Texas law.
What Is a Living Will in Texas?
A Texas living will is an advance directive that allows a competent adult to communicate treatment preferences for a future situation in which the person is unable to make or communicate medical decisions.
The Texas statutory directive addresses situations involving a terminal or irreversible condition. The form allows a person to state whether they want life-sustaining treatment continued or whether they want treatment other than comfort care withheld or withdrawn in the circumstances described by the directive.
Why Is a Living Will Important?
Consider what happens when there is no written directive. Family members may have to make decisions during an emotionally overwhelming medical crisis. Different relatives may have different understandings of what you would have wanted.
Doctors may need to determine who is authorized to participate in treatment decisions under applicable Texas law. A written directive gives your healthcare providers and loved ones something more reliable than assumptions.
It can also reduce the possibility that your family will have to debate your wishes at the bedside.
A living will can help:
- Communicate your treatment preferences.
- Give your family clearer guidance.
- Provide instructions for circumstances involving terminal or irreversible conditions.
- Reduce uncertainty during a medical emergency.
- Complement other advance-planning documents.
Who Should Have a Living Will?
The need for advance medical planning is not limited to elderly Texans. A serious accident can happen to a young adult. A diagnosis can change someone’s priorities. A parent may want to make sure adult children understand their wishes. A married couple may want to make sure each spouse has clear authority and instructions.
You also do not need to be wealthy to benefit from advance directives. The questions addressed by a living will concern medical decision-making rather than the size of your estate.
How Is a Texas Living Will Executed?
Texas law allows a competent adult to execute a written directive. Generally, the directive must be signed in the presence of two qualified witnesses, with specific restrictions governing who may serve as witnesses. Alternatively, the declarant may sign the directive and have the signature acknowledged before a notary public.
The directive should also be provided to your attending physician. Texas law requires the attending physician to make the directive part of the patient’s medical record once properly notified.
Simply putting a document in a desk drawer may not be enough to make your wishes known when an emergency occurs.
When Should You Review Your Living Will?
There is no reason to wait for a crisis.
Review your advance directive when:
- You marry or divorce.
- You experience a major change in your health.
- You have children or other significant family changes.
- Your relationship with your chosen healthcare decision-maker changes.
- Your treatment preferences change.
- You move, or your healthcare providers change.
- Several years have passed since you last reviewed the document.
Texas law provides that a directive remains effective until revoked. A directive can be revoked through several methods recognized by statute, including a written revocation or an oral statement of intent to revoke, subject to the statutory notification requirements.
What Happens If You Change Your Mind?
You are not permanently locked into the choices contained in a living will.
Texas law allows a declarant to revoke a directive. If your circumstances or wishes change, your estate planning attorney can help determine whether you should execute a new document and make sure the updated version is properly communicated to your healthcare providers.
Answers to Texas Living Will Questions
Does a Texas living will control my property after death?
No. A living will concerns healthcare decisions and treatment preferences. Your Last Will and Testament and other estate planning documents address property and financial matters.
Is a living will the same as a DNR order?
No. An advance directive and an out-of-hospital Do-Not-Resuscitate order are separate legal and medical documents with different purposes and requirements.
Do I need a living will if I have a Medical Power of Attorney?
They serve different functions. A Medical Power of Attorney designates an agent to make healthcare decisions, while a Directive to Physicians communicates treatment instructions in circumstances covered by the directive.
Can I change my Texas living will?
Yes. Texas law permits revocation of a directive, subject to statutory requirements concerning how the revocation is communicated.
Should my family have a copy?
Your family and healthcare decision-maker should know that the document exists and know how to access it. Your attending physician should also receive it so it can become part of your medical record.
Protect Your Healthcare Wishes With a Texas Estate Plan
A well-designed estate plan should address more than what happens to your property after death. It should also help protect your wishes if illness or injury leaves you unable to make decisions yourself.
Our team guides Texas families to create and review estate plans that account for wills, powers of attorney, advance directives, and other important legal documents.
If you have never created a living will, or your existing documents no longer reflect your wishes, schedule a free consultation with Homestead Estate Lawyers to discuss your circumstances and your options.
