A Living Will, also known as a Texas Dreictive to Physicials and Family or Surrogates , is a document that allows you to express your wishes about when life-sustaining treatment should be administered or withheld if you’re diagnosed with an irreversible or terminal condition.
Although it isn’t a decision most people want to think about, having a living will in place means your family won’t be left guessing what you would have wanted during an already difficult time.
Key Takeaways
- A living will is a legal document that outlines your healthcare wishes in the event of a terminal or irreversible condition, instructing physicians not to use life-sustaining treatments if there is no hope for recovery.
- Any competent adult can execute a living will in the presence of two witnesses or in front of a notary public, with specific restrictions on who can act as a witness.
- A living will becomes effective when a patient is diagnosed with a terminal or irreversible condition, as certified by their attending physician, and should be included in the patient’s medical records.
- You can revoke or modify your living will at any time, and your physician must honor your wishes once notified of the revocation, even if it is made during the final stages of illness.
Who May Execute a Directive to Physicians?
Any competent adult can sign a living will in Texas. For it to be valid, you should sign it in the presence of two adult witnesses, or have your signature notarized.
There are restrictions on who can serve as a witness. At least one of your witnesses cannot be someone who is related to you by blood or marriage, stands to inherit from your estate, has been designated to make healthcare decisions on your behalf, or is your attending physician or an employee of your physician. If you live in a healthcare facility, at least one witness cannot be an employee involved in your direct care or an officer or director of that facility.
If you sign in front of two witnesses, the document is valid even without notarization. No physician, health care professional or health care facility may require that the directive be notarized.
When Does a Living Will Take Effect?
A living will becomes effective when you become a “qualified patient.” That means you’ve been diagnosed with a terminal or irreversible condition and your attending physician has certified that diagnosis in writing.
Once you’ve signed your living will, you should tell your doctor and have the directive made part of your medical records.
Can a Living Will be Created for a Minor?
If a person under 18 has been diagnosed with a terminal or irreversible condition, a parent, legal guardian, or adult spouse may execute a directive on their behalf.
However, a competent minor can demand life-sustaining treatment regardless of whether a directive exists. The child’s own wishes take priority
Does My Directive Have to Be in Writing?
In most cases, yes. But Texas law also allows a competent adult who has already been dianosed as a “qualified patient”, to issue the directive verbally. This must be done in the presence of your attending physician, and two qualified witnesses.
When you do that, the doctor will make record your directive and the names of the witnesses in your medical records.
Can I Change Revoke a Living Will?
Yes. You can revoke your living will at any time, even in the final stages of a terminal illness. You can do this orally or in writing.
If you revoke your directive, you must notify your physician of your decision so the change can be recorded in your medical records. You always retain the right to demand life-sustaining treatment, regardless of what your directive provides.
How is a Living Will and a Medical Power of Attorney?
A living will and a Medical Power of Attorney serve different purposes, but they work well together.
A living will applies in a narrow set of circumstances, specifically, when you’ve been diagnosed with a terminal or irreversible condition and can no longer communicate your wishes. It addresses specific decisions about when life-sustaining treatment should be administered or withheld.
A Medical Power of Attorney is broader. It names someone you trust to make healthcare decisions on your behalf any time you’re unable to make them yourself, not just at the end of your life. That person, called your agent, can address situations your living will may not anticipate.
Most estate plans include both documents.
Can a Doctor or Family Members Override a Living Will?
If your living will is valid and properly executed, your physician is legally required to follow it once you become a qualified patient. Family members cannot override your wishes simply because they disagree.
That said, some situations are more complex. For example, a physician might believe that following your directive would conflict with accepted medical standards. In those situations, the physician must make a reasonable effort to transfer your care to another provider who will honor your wishes.
Having a Medical Power of Attorney in place can help. Your agent can advocate for you and work with the medical team to ensure your directive is followed.
What Happens if I Don’t Have a Living Will?
Without a living will, decisions about life-sustaining treatment will fall to your family or a court-appointed guardian. If family members disagree about what you would have wanted, the situation can become painful and contentious.
A living will removes that burden. It gives your loved ones clarity and protects them from having to make impossible decisions on your behalf.
Is a Living Will the Same as a Do Not Resuscitate (DNR) Order?
No. A Do Not Resuscitate order is a specific medical instruction that tells healthcare providers not to perform CPR if your heart stops. It’s usually entered into your medical chart by a physician based on a conversation with you or your healthcare agent.
A living will is broader. It addresses your wishes about life-sustaining treatment generally, which may include CPR but also covers things like mechanical ventilation, artificial nutrition, and other interventions.
A living will can express your preference not to be resuscitated, but it’s not the same as having a DNR order in your chart. If this distinction matters to you, it’s worth discussing with your physician.
Planning ahead
A living will is one part of a larger conversation about what matters to you at the end of life. It works alongside other documents, like a Medical Power of Attorney and a HIPAA authorization, to ensure your wishes are known and respected.
If you have questions about how these documents work together, or whether your current plan reflects your wishes, I’m happy to help you think it through.
