In Texas, a living will, also known as a Texas Dreictive to Physicials and Family or Surrogates , is a document that allows you to tell your doctors whether to administer or withhold life-sustaining treatment if you have an irreversible or terminal condition.
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 to withhold 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 you want to revoke it during the final stages of illness.
Who Can Sign a Living Will in Texas?
Texas allows any competent adult can sign a living will 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 to physicians in front of 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 can require that the directive be notarized.
When Does a Living Will Take Effect?
A living 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 can 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 is 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 to administer or withhold life-sustaining treatment.
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.
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 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.
Planning ahead
A living will is one part of a larger conversation about your end-of-life wishes. It works alongside other documents, like a medical power of attorney and a HIPAA authorization, to ensure your preferences are known and respected. It can also give those tasked with making medical decisions on your behalf clarity about your unique wishes. By putting your choices in writing, you can reduce the confusion during a difficult and stressful time.
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.
