Creating a living will sounds like something you can put off. Many people believe it’s only for the elderly or those facing serious illness. That’s not true. A living will gives you the power to decide how your medical care will be handled if you can’t speak for yourself. You don’t need to be sick or old. You just need to be clear about what you want and put it in writing.
If you’re in Texas, specific rules shape how you must go about this. But across the board, your living will should be thoughtful, detailed, and legally sound.
Let’s walk through how you can do it and answer important questions about making a Living will, including:
- What Is a Living Will and Why Do You Need One?
- How Do You Make a Living Will: Step-by-Step
- What to Include So There’s No Confusion Later On
- When and How to Update Your Document Over Time
- Choosing Someone to Speak for You When the Form Isn’t Enough
- Common Misunderstandings That Lead People to Delay This Process
- Making Sure Doctors and Hospitals Actually Use What You Wrote
What Is a Living Will and Why Do You Need One?
A living will, sometimes called an advance directive, is a legal document that lets you express your medical treatment preferences if you’re ever unable to communicate them yourself. It tells your doctor and your loved ones what kind of care you want—or don’t want.
It covers situations like:
- Whether you want to be put on life support
- If you want CPR if your heart stops
- Your wishes about feeding tubes or breathing machines
In Texas, this type of document is formally called a “Directive to Physicians and Family or Surrogates.” You can get the official form from the Texas Health and Human Services website. It meets all state legal requirements.
Without a living will, your family may have to make those choices for you. That can create confusion or disagreement. Having a written plan avoids that pressure.
How Do You Make a Living Will: Step-by-Step
Now that you know what a living will is, here’s how to create one that works and meets state laws.
1. Think Through Your Medical Preferences
Start by asking yourself what kind of medical care you want if you are seriously ill or injured. For example:
- Would you want machines to keep you alive if there’s no hope of recovery?
- Do you want doctors to use all possible treatments to prolong life, even if it might cause pain?
- Would you prefer comfort care only, without aggressive treatments?
Think about what matters most—quality of life, staying at home, pain management, etc. You don’t need to have all the medical terms figured out. You can focus on outcomes.
2. Use the Correct Legal Form
Texas has an approved form titled “Directive to Physicians.” You can download it, print it, and fill it out yourself. It must include:
- Your full legal name
- Your instructions about life-sustaining treatment
- Your signature and the date
You’ll also need two witnesses to sign it. Texas law does not allow certain people to act as witnesses. Your witnesses cannot be:
- Related to you by blood or marriage
- Entitled to inherit from you
- A doctor, nurse, or hospital employee treating you
- Someone you’ve named to make health care decisions
You do not need a lawyer to create a valid living will in Texas. However, if you want to feel confident that it’s properly done, you can consult one.
3. Talk to Your Doctor and Loved Ones
Before finalizing your living will, speak to your doctor. They can explain what some of your choices could mean in real situations. Be honest about your priorities.
It’s also important to talk to your family. Let them know what’s in your living will so there are no surprises later. That way, if the time comes, they will understand your wishes and support them.
4. Sign It With the Right Witnesses
Once you’ve filled out the form and made your choices clear, sign it in front of your two witnesses. Keep a copy for yourself. Give copies to:
- Your doctor
- Your hospital (if you’re admitted for any reason)
- Your family
- Anyone who might speak for you if needed
Texas does not require the living will to be notarized, but you can add a notary stamp if you want extra proof that it’s real.
What to Include So There’s No Confusion Later On
Your living will can be as detailed or as simple as you want. You can make general statements like “I do not want to be kept alive by machines,” or you can get specific about certain treatments.
Here are some examples of what you can include:
- Whether you want tube feeding or artificial hydration
- If you’d allow dialysis
- Whether you’d want to be moved to hospice
- If you want to donate your organs
Keep in mind that medical situations can be complex. A vague living will might leave room for disagreement or confusion. Try to be clear. You can also attach extra pages if needed.
When and How to Update Your Document Over Time
Living wills don’t expire in Texas, but your preferences may change over time. It’s smart to review your living will at least every five years, or after major life events, such as:
- Marriage or divorce
- Birth of a child
- Diagnosis of a serious illness
- Major surgery or accident
If you want to change your living will, just create a new one. Sign it with new witnesses. Let everyone know that the old version should be thrown away.
You can also cancel your living will anytime. All you have to do is:
- Tear it up or mark it “revoked”
- Tell your doctor you’ve changed your mind
- Make a new one to replace it
Choosing Someone to Speak for You When the Form Isn’t Enough
Your living will only speaks for you when you’re unable to. A medical power of attorney lets you name someone to speak for you and make decisions that your living will doesn’t cover.
Texas allows both documents, and they work best together. You can:
- Use the living will to say what you want
- Use the medical power of attorney to say who speaks for you when the living will is unclear
Just make sure the person you choose understands your wishes. Give them a copy of your living will.
Common Misunderstandings That Lead People to Delay This Process
Many people hold back from making a living will because they believe things that aren’t true. Here’s what to watch out for:
Myth: You don’t need one if you’re young.
Truth: Medical emergencies don’t check your age. A car accident or sudden illness can happen at any stage of life.
Myth: Your family will automatically know what to do.
Truth: Even close families can disagree. Without clear written directions, your family could struggle to choose.
Myth: A living will means doctors won’t try to help you.
Truth: You’re not refusing care. You’re asking for care on your own terms.
Myth: You can’t change it later.
Truth: You can update or cancel your living will anytime you want.
Making Sure Doctors and Hospitals Actually Use What You Wrote
Creating a living will isn’t just about filling out forms. You also need to make sure the people who may treat you actually see and understand it when it matters.
Here’s how to make that happen:
Share It With Your Health Care Providers
Give a copy to your primary care doctor. If you’re going to a hospital for any reason, bring a copy or ask that it be placed in your file.
Store It in an Easy-to-Find Place
Let your family know where to find the original document. Don’t lock it away without telling anyone. Consider keeping a copy in a folder marked “Advance Directive” with your other health care papers.
Consider Registering It Digitally
Texas doesn’t have a central state registry, but some private services allow you to upload and share your living will online. If your health care provider uses an electronic records system, ask if your directive can be added.
Talk With Medical Staff
If you’re receiving treatment or entering care, tell your doctors and nurses about your living will. Some facilities may ask for it during admission. Don’t assume they already know.
Your document is only useful if it gets to the right hands at the right time. Think of your living will as something active and not just paperwork, but a clear message meant to be seen.
Conclusion
You make a living will by thinking ahead, writing your wishes clearly, and following the legal rules of your state. In Texas, the process is straightforward and flexible. A living will gives you control during the moments when your voice can’t be heard. It helps your family. It helps your doctor. Most importantly, it helps you.
Don’t wait for a health scare. If you’re ready to speak up about your care, put it in writing today.
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Frequently Asked Questions
No, you can fill out the state-approved form yourself and sign it with two qualified witnesses.
Your family or a court-appointed surrogate may need to make medical decisions for you without knowing what you truly wanted.
Not exactly. A DNR is a separate medical order. You can mention your preference in your living will, but it won’t act as a formal DNR.
No. A living will is only for health care decisions while you’re still alive. A last will and testament deals with your property after death.
No. Texas law requires a handwritten signature with witnesses present. Electronic versions are not valid at this time.