If you’re researching a living will that Texas residents can use to plan for future medical care, it’s important to know that the document commonly called a living will is officially referred to in Texas law as a Directive to Physicians and Family or Surrogates. It is a type of advance directive that lets you state your wishes about life-sustaining treatment if you develop a qualifying terminal or irreversible condition and can no longer communicate your decisions.
Throughout this article, the terms living will and directive refer to this Texas document. Understanding how it works gives you greater control over future health care decisions while reducing uncertainty and emotional stress for your loved ones. If you live in Texas and are legally eligible to make medical decisions, you have the right to create one.
Let’s take a detailed look at everything you should know about a living will in Texas:
- Health Directives Living Wills: What They Mean in Texas
- Key Provisions to Include in Your Health Directive Living Will
- Health Directive Living Will vs. Medical Power of Attorney
- When a Health Directive Living Will Becomes Effective
- Changing or Canceling a Health Directive Living Will
- Where to Store and Share Your Health Directive Living Will
- What Happens if You Don’t Have a Health Directive Living Will?
- How to Get a Texas Health Directive Living Will Form
- Why You Should Consider Creating One Today
Health Directives Living Will: What They Mean in Texas
A living will, officially known in Texas as a Directive to Physicians and Family or Surrogates, is a legally recognized advance directive that lets you communicate your medical treatment preferences before you lose the ability to make or communicate those decisions. Although many people associate living wills with aging or end-of-life planning, any legally competent adult may create one regardless of their current health.
The purpose of a living will is to give you control over future medical treatment and reduce uncertainty for your family and health care providers. By documenting your wishes in advance, you can help prevent unwanted or prolonged life-sustaining treatment while ensuring your medical care reflects your values.
Your living will does not take effect immediately. It becomes effective only when the conditions established by Texas law are met. Generally, this means your attending physician determines that you have a qualifying terminal or irreversible condition and that you are unable to make or communicate your own treatment decisions. In certain cases involving an irreversible condition, Texas law also requires confirmation by a second physician.
Once your living will becomes effective, your written instructions guide decisions about the life-sustaining treatment addressed in the document. If a particular situation is not covered, your medical power of attorney agent, if you have one, or another legally authorized surrogate may make decisions consistent with Texas law.
This process helps preserve your right to direct your own medical care, even when you cannot communicate your wishes.
Key Provisions to Include in Your Health Directive Living Will
Your living will should clearly express your treatment preferences. You can be as general or as specific as you wish. Texas Health and Safety Code § 166.033 includes a statutory form that many Texans use, but your document does not have to follow that exact wording as long as it substantially complies with Texas law.
At a minimum, your living will should:
- Clearly state your wishes about life-sustaining treatment if you develop a terminal or irreversible condition.
- Be signed and dated by you (or by another person acting at your direction if permitted by law).
- Be signed by two qualified witnesses or acknowledged before a notary public.
You may also include additional instructions, such as:
- Whether you want artificial nutrition and hydration.
- Your preferences for pain management and comfort care.
- Instructions about treatments such as dialysis or mechanical ventilation.
- Religious, spiritual, or cultural beliefs that should guide your medical care.
If you include additional instructions, make them as clear and specific as possible. You may also attach explanatory notes if they help explain your wishes.
Who Can Witness or Notarize a Health Directive Living Will?
To be valid in Texas, your living will must be signed by either:
- Two qualified witnesses, or
- A notary public.
If you use witnesses, Texas law limits who may serve in that role. A witness cannot be:
- Someone related to you by blood or marriage.
- Someone entitled to inherit from your estate.
- Someone you have appointed as your health care agent.
- A health care provider or an employee of the facility where you receive treatment, unless the person is a chaplain or social worker.
If you choose notarization instead of witnesses, the notary verifies your identity and acknowledges your signature. The notary does not determine your mental capacity.
Health Directive Living Will vs. Medical Power of Attorney
A living will and a medical power of attorney are separate legal documents that work together. A living will states your wishes about life-sustaining treatment if you develop a qualifying terminal or irreversible condition and cannot communicate. A medical power of attorney appoints someone you trust to make other health care decisions when you are unable to make them yourself.
Many Texans choose to have both documents because they complement each other:
- Your living will provides written instructions about life-sustaining treatment.
- Your medical power of attorney authorizes your chosen agent to make health care decisions that are not addressed in your living will or where the document allows for discretion.
If both documents exist, your living will controls the treatment decisions it specifically addresses. Your agent may make decisions about matters not covered by the directive, provided those decisions are consistent with your wishes and Texas law.
When Your Living Will Becomes Effective
Your living will takes effect only when the conditions required by Texas law are met. Generally, this means:
- You have a terminal or irreversible condition as defined by Texas law.
- You are unable to make or communicate your own treatment decisions.
A terminal condition is an incurable condition caused by injury, disease, or illness that will produce death within a relatively short time, even with life-sustaining treatment, according to reasonable medical judgment. An irreversible condition is one that may be treated but cannot be cured or eliminated, leaves you unable to care for or make decisions for yourself, and, without life-sustaining treatment, is fatal.
If you are still able to make and communicate your own medical decisions, your living will does not apply. Your current wishes always take priority while you remain competent to decide for yourself.
Changing or Canceling Your Living Will
You may change or revoke your living will at any time, as long as you are mentally competent. Under Texas law, you may revoke your directive by:
- Signing a written revocation.
- Physically destroying the document.
- Telling someone you wish to revoke it in the presence of a competent witness, who then signs and dates a written record of the revocation as required by Texas law.
- Creating a new directive.
If you create a new living will, it should clearly state whether it revokes any earlier directive. Expressly revoking prior versions helps avoid confusion. Be sure to notify your doctor, your loved ones, and anyone else who has a copy of the previous document. Always keep the most current version in an easily accessible location.
After completing your living will, make several copies and share them with the people who may need access to them, including:
- Your primary care physician.
- Any specialists involved in your care.
- The hospital or health care facility where you receive treatment.
- Your medical power of attorney agent or another trusted person.
You should also keep a copy in a clearly labeled folder at home. Avoid storing the original in a safe deposit box, where it may not be accessible during an emergency.
Some Texans also choose to keep their directive in a secure digital health record or an online advance directive registry so it can be accessed when needed.
What Happens if You Don’t Have a Living Will?
If you do not have a living will, decisions about life-sustaining treatment may be made by your legal surrogate if you are unable to communicate and have not appointed a medical power of attorney. Texas law establishes a priority order for who may act as a surrogate, beginning with your spouse, followed by your reasonably available adult children, parents, and nearest living relative.
Without a written living will, your surrogate and medical team may have to make difficult decisions without knowing your wishes. Family members may also disagree about the treatment you would have wanted. Creating a living will provides clear guidance and helps ensure your health care reflects your personal values.
How to Get a Texas Living Will Form
Texas law includes a statutory Directive to Physicians and Family or Surrogates form that many people choose to use. You can obtain a copy from:
- Your doctor’s office.
- Major hospitals and medical groups.
- The Texas Health and Human Services website.
- An attorney or estate planning professional.
Although you are not required to hire an attorney to complete a living will, it is important to read the form carefully. If you have questions about your options or your estate plan, consider speaking with a qualified attorney or your health care provider before signing the document.
Why You Should Consider Creating One Today
Creating a living will helps ensure your medical wishes are respected if you are ever unable to communicate. It provides clear guidance for your loved ones and health care providers, reducing uncertainty during emotionally difficult situations.
Even if you are young and healthy, unexpected accidents or serious illnesses can happen. Preparing a living will now allows you to make these important decisions on your own terms rather than leaving them to others during a crisis.
Conclusion
Creating a living will in Texas is one of the most important steps you can take to protect your future medical choices. Officially known as a Directive to Physicians and Family or Surrogates, this legally recognized advance directive allows you to express your wishes about life-sustaining treatment before a medical crisis occurs.
By completing your living will, keeping it up to date, and making sure the right people have access to it, you can help ensure your health care reflects your values while reducing uncertainty for your loved ones. Whether you’re creating your first directive or reviewing an existing one, taking the time to plan ahead is a thoughtful investment in your future.
Ready to Create a Living Will That Reflects Your Wishes?
A living will is an important part of planning for the unexpected, but it’s only one piece of a complete estate plan. An experienced Texas estate planning attorney can help you prepare a legally valid Directive to Physicians, coordinate it with your medical power of attorney and other advance directives, and ensure your wishes are clearly documented.
If you’re ready to create or update your living will, contact The Law Office of Bryan Fagan today to schedule a consultation. Our team can help you build an estate plan that protects your health care choices and gives you and your loved ones greater peace of mind.
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Frequently Asked Questions
Yes. In Texas, a living will is officially called a Directive to Physicians and Family or Surrogates. It is a legally recognized advance directive that lets you state your wishes about life-sustaining treatment if you develop a qualifying terminal or irreversible condition and cannot communicate.
No. Texas law does not require you to hire an attorney. Many people use the statutory form provided by Texas law. However, legal guidance may be helpful if you want your living will to coordinate with other estate planning documents.
No. A living will explains your wishes about life-sustaining treatment, while a medical power of attorney appoints someone to make health care decisions on your behalf. Many Texans choose to have both because the documents serve different purposes.
Yes. As long as you are mentally competent, Texas law allows you to revoke or update your living will. You should also notify your doctor and anyone who has a copy whenever you make changes.
A living will generally takes effect only if you have a qualifying terminal or irreversible condition and are unable to make or communicate your own treatment decisions. Until then, you continue making your own medical decisions.
