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The Texas living will is also referred to as an advance directive or a directive to physicians and family or surrogates. It is a legal document designed for competent adults. A Texas living will is used to document your wishes related to medical care in the event that you are incapacitated because of a terminal condition or an irreversible condition. Healthcare providers will consult a Texas living will if you are unable to make your own medical decisions. Examples of decisions that you should include are whether you have a do-not-resuscitate order (DNR), whether or not you want to rely on artificial nutrition and hydration, when or if life-support should be removed, comfort care, and whether you are an organ donor. You should also list any religious or personal beliefs you have related to medical procedures so that they may be honored while you are treated in the Texas health care system.
A Texas living will is also used to name an agent. The agent will make decisions for you if you can't do it. A Texas living will must be signed by witnesses or be notarized.
In the State of Texas, this document is an estate planning tool used to make difficult decisions easier for your family members and other loved ones. However, this document is not the same as medical power of attorney or a durable power of attorney. Neither of those documents will allow the agent to make end-of-life decisions on your behalf. To learn more about powers of attorney and how they work, consult an attorney.
§ 166.033: Texas law includes an example of a written advance healthcare directive. It also recommends that individuals creating their own living will review it on a regular basis and update it as needed.
Additionally, you should create a Texas last will and testament to ensure that your wishes for your assets and minor children can also be followed instead of left in the hands of the Texas Probate Court.
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