Choosing a Living Will Advance Directive Lawyer in Texas

In Texas, the terms living will and advance directive are often used in the context of healthcare planning, but they refer to related yet distinct concepts. Both are legal documents that allow individuals to outline their preferences for medical treatment in the event they become unable to communicate their wishes due to illness or incapacity. However, a living will is primarily focused on guiding healthcare providers and family members about whether to continue or withhold life-prolonging measures. An advance directive is a broader term that encompasses multiple types of legal documents, including the living will (also known as a Directive to Physicians) and a Medical Power of Attorney.

In Texas, you do not legally need a lawyer to create a living will or advance directive, as the state provides statutory forms that individuals can complete on their own. These documents, which outline your medical treatment preferences in the event of incapacity, are designed to be straightforward to understand.

However, consulting Texas Tax & Estate Law can be beneficial in certain situations. If your medical wishes are complex, involve specific conditions, or you anticipate disputes among family members, an attorney can help ensure your advance directive is precise and tailored to your needs.

a living will, formally known as a Directive to Physicians and Family or Surrogates, allows you to outline specific medical treatment preferences for situations where you are incapacitated and unable to communicate your wishes. This document, governed by the Texas Health and Safety Code, enables you to guide healthcare providers and loved ones on how to handle your medical care, particularly in end-of-life or terminal scenarios.

You can name any competent adult as your healthcare agent, such as a spouse, adult child, sibling, parent, close friend, or other trusted individual. The person must be at least 18 years old and capable of making informed decisions about your medical care.

In Texas, a living will or advance directive takes effect when a person becomes unable to make their own medical decisions due to incapacity, as determined by a physician, and specific conditions outlined in the document are met, such as a terminal or irreversible condition. The law specifies that the directive becomes active when the individual’s attending physician certifies in writing that the person is incompetent and has a qualifying condition, meaning they cannot communicate or make decisions about their medical treatment.

Yes, in Texas, a living will, also known as a Directive to Physicians and Family or Surrogates, covers end-of-life decisions, including preferences for life-sustaining treatments such as life support or feeding tubes. Under state law, the living will allows individuals to specify whether they want such treatments withheld or withdrawn in the event of a terminal or irreversible condition, as certified by a physician.

You cannot include do-not-resuscitate (DNR) instructions directly in a standard advance directive, such as a Directive to Physicians and Family or Surrogates (living will). A DNR order is a separate legal document in Texas, governed by the Texas Health and Safety Code. A physician must issue it and requires specific forms, such as an Out-of-Hospital DNR or In-Hospital DNR, to instruct healthcare providers not to perform cardiopulmonary resuscitation (CPR) in the event of cardiac or respiratory arrest.

In Texas, a living will and a medical power of attorney are distinct advance directive documents, each serving different purposes under the Texas Advance Directives Act. A living will is a written document that outlines a person’s specific preferences for medical treatment, particularly regarding life-sustaining measures like ventilators or feeding tubes, in the event of a terminal or irreversible condition when they are unable to communicate. It takes effect only when a physician certifies that the person is incapacitated and has a qualifying condition.

On the other hand, a medical power of attorney designates a trusted person (an agent) to make healthcare decisions on behalf of the individual if they become unable to do so due to incapacity. Unlike a living will, it is not limited to terminal or irreversible conditions. It can cover a broader range of medical decisions, including those not explicitly addressed in a living will.

A living will must be either notarized or witnessed to be legally valid, as outlined in the Texas Advance Directives Act. Specifically, the document requires the signature of the individual creating it (the principal) in the presence of two qualified witnesses or a notary public.

You can change or revoke your living will (Directive to Physicians and Family or Surrogates) at any time, provided you are competent to make decisions. To change your living will, you can create a new directive that reflects your updated wishes, ensuring it meets the legal requirements (i.e., it must be signed and either notarized or witnessed by two qualified individuals). The new directive typically supersedes the previous one; therefore, you should distribute copies to your healthcare providers, agent (if applicable), and family to avoid confusion.