In Texas, living will, or directive to physicians, is a document that allows you to tell your doctors not to use artificial methods to prolong your life if you have a terminal or irreversible condition.
Who Can Sign a Living Will in Texas?
Texas allows any competent adult can sign a directive to physicians in the presence of at least two witnesses. The witnesses need to be competent adults. At least one of the witnesses cannot be a person who:
- you have designated to make health care treatment decisions on your behalf
- is related to you by blood or marriage
- is a beneficiary of your estate
- has a claim on your estate
- is your attending physician
- your attending physician employs
- is an employee of a health care facility in which you reside, if the employee is involved in providing direct care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.
Instead of signing in the presence of witnesses, you can sign the directive and have your signature acknowledged before a notary public. But you sign the the directive in front of witnesses, it is valid regardless of whether you have it notarized. No physician, health care professional, or health care facility may require that the directive be notarized.
When Does a Texas Directive to Physicians Become Effective?
A Texas directive to physicians becomes effective when you become a “qualified patient.” A qualified patient is a someone with a terminal or irreversible condition that has been diagnosed and certified in writing by the attending physician. If you sign a directive, you should tell your doctor and have the directive made part of your medical records.
Can a Minor have a Texas Directive to Physicans?
If a person under the age of 18 is a qualified patient, a directive to physicians can be executed on his or her behalf by a parent, an adult spouse, or a legal guardian. A competent minor can demand life-sustaining treatment regardless of whether a directive exists.
Does my Directive Have to be in Writing?
No. If you are a competent adult who is a qualified patient, you can issue a directive verbally 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 Revoke a Directive to Physicians?
Yes. You can revoke a directive to physicians at any time, even in the final stages of a terminal illness. You can revoke your directive orally or in writing.
If you revoke your directive, you must notify your physician of your decision, which your physician will then note in your medical records. You can demand that life-sustaining treatment regardless of what your directive provides.
The Texas Directive to Physicians gives your loved ones clarity about your end-of-life preferences By putting your choices in writing, you can reduce confusion and provide clear guidance during a difficult and stressful time.
