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Preparing for your future healthcare decisions is a responsible step that gives you more control. A living will can help you document your wishes if you are ever unable to speak for yourself. In Texas, this document is officially called a Directive to Physicians and Family or Surrogates. Creating one requires thoughtful planning, clear communication, and compliance with state requirements.
Below is a comprehensive look at how to create a living will so you can approach this process with clarity and confidence:
- Understanding How To Create a Living Will
- How To Create a Living Will That Complies With Texas Law
- How To Create a Living Will That Reflects Your Values
- How To Create a Living Will and Keep It Up to Date
- How To Create a Living Will and Make It Known
- How To Create a Living Will Without an Attorney
- How To Create a Living Will When You Already Have Other Directives
- How To Create a Living Will That Addresses Artificial Nutrition and Hydration
- How To Create a Living Will and Revoke It If You Change Your Mind
- How To Create a Living Will and Communicate It to Your Physician
- How To Create a Living Will If You Have Religious or Cultural Preferences
Understanding How To Create a Living Will
A living will allows you to outline your preferences about life-sustaining treatment if you become terminally ill or permanently unconscious. Texas law defines exactly when and how this document applies.
When you create your living will, you can specify instructions such as:
- Whether you want artificial hydration or nutrition
- The use of ventilators
- Other life-sustaining measures
Your healthcare providers and loved ones must follow your instructions unless there is a legal exception.
A living will differs from a Medical Power of Attorney. The Medical Power of Attorney designates someone to make decisions for you. Your living will states your choices about treatments. Many people choose to create both documents so their wishes are clear and enforceable.
How To Create a Living Will That Complies With Texas Law
Texas law requires you to follow specific steps to ensure your living will is legally valid. Below is an overview of what you should do:
- Be at least 18 years old, or be married or a member of the armed forces.
- Be of sound mind at the time you sign the document.
- Put your wishes in writing using the form provided under Texas Health and Safety Code, Chapter 166. You may also use a similar format as long as it meets all requirements.
- Sign the directive in the presence of either:
- Two qualified adult witnesses, or
- A notary public
If you use witnesses instead of a notary, at least one witness must be someone who is not:
- Related to you by blood or marriage
- Entitled to any part of your estate
- Your attending physician or healthcare provider
- An employee of your healthcare facility
- A person who has a claim against your estate
Meeting these requirements is essential. If your document does not comply, it may be declared invalid when you need it most.
How To Create a Living Will That Reflects Your Values
It helps to spend time reflecting on what matters most to you. Some questions you might consider include:
- Would you want life-sustaining treatment if there is no chance of recovery?
- Is comfort care more important to you than extending life at all costs?
- How do you feel about tube feeding or mechanical ventilation?
Discuss these questions with your physician, trusted loved ones, and any spiritual advisors you rely on. Clarity now reduces misunderstandings later.
How To Create a Living Will and Keep It Up to Date
Drafting the document is only part of the process. You also need to make sure your living will stays current. Texas law does not require you to update the directive on a regular schedule, but your wishes or circumstances may change over time.
Consider reviewing your living will if:
- You are diagnosed with a serious illness
- You experience significant life events, such as marriage, divorce, or the death of a loved one
- Your opinions about end-of-life care evolve
To update your living will, simply create a new document and revoke the old one in writing. Give copies of the new directive to your physician and anyone else who had the previous version.
How To Create a Living Will and Make It Known
Even the most carefully prepared living will is ineffective if nobody knows it exists. Make sure the right people have access:
- Keep the original in a safe but accessible place
- Give copies to your physician, healthcare proxy, and any family members involved in your care
- Bring a copy with you when you are admitted to a hospital or long-term care facility
- If you have an attorney, ask them to retain a copy in your records
Healthcare providers are required to honor your directive if they know about it and it meets the legal requirements. If you are concerned your wishes will be overlooked, consider wearing a medical alert bracelet that states you have a living will.
How To Create a Living Will Without an Attorney
You are not required to hire an attorney to prepare your living will in Texas. You can:
- Download the Texas Directive to Physicians form online
- Fill it out yourself
- Arrange for proper witnessing or notarization
Even so, some people prefer to consult an attorney to make sure their documents are clear and complete. This is especially true if you have complex medical conditions or want to include detailed instructions.
How To Create a Living Will When You Already Have Other Directives
Many Texans have other advance directives in place. A living will can work alongside them if you make sure there is no conflict. Other documents you might have include:
- Medical Power of Attorney designating an agent to make decisions
- Out-of-Hospital Do Not Resuscitate Order (OOH-DNR)
- Declaration of Mental Health Treatment
When you create a living will, compare it to your other directives to confirm that your instructions match. If your living will contradicts your Medical Power of Attorney, your wishes in the living will typically control end-of-life decisions.
How To Create a Living Will That Addresses Artificial Nutrition and Hydration
One area that often requires special consideration is tube feeding and intravenous fluids. Texas law allows you to choose whether you want these interventions to continue if you are terminally ill or permanently unconscious.
Your living will can specify whether you:
- Want artificial nutrition and hydration withheld or withdrawn
- Prefer them to be continued
- Leave the decision to your healthcare proxy
If you do not state your wishes clearly, providers may default to continuing life-sustaining measures. You can avoid confusion by including explicit instructions.
How To Create a Living Will and Revoke It If You Change Your Mind
You have the right to cancel your living will at any time. Texas law permits you to revoke your directive in several ways:
- By destroying the document yourself
- By signing and dating a written statement declaring revocation
- By verbally expressing your intention to revoke to your physician
If you revoke your living will, be sure to inform everyone who has a copy. Otherwise, an outdated directive may still be followed in an emergency.
How To Create a Living Will and Communicate It to Your Physician
After you complete your living will, schedule time with your doctor to discuss it. Your physician can:
- Place a copy in your medical record
- Review your preferences to ensure they are medically clear
- Explain any implications for your care
Texas law encourages clear communication between patients and their providers. Discussing your wishes now can help avoid conflict later if you lose capacity to speak for yourself.
How To Create a Living Will If You Have Religious or Cultural Preferences
Many Texans have religious or cultural beliefs that shape their views about end-of-life care. You have the right to document these considerations in your living will.
Examples include:
- Preferences for spiritual care during the final stages of life
- Instructions about organ donation
- Any limitations on certain medical treatments due to faith
Be specific so your caregivers understand what you want and why it matters to you.
Conclusion
Creating a living will empowers you to have a voice in your healthcare, even if you cannot communicate. By understanding how to create a living will, you can prepare clear instructions, protect your dignity, and ease the burden on loved ones. Taking time to prepare and share your directive ensures your wishes are known and respected when they matter most.
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Frequently Asked Questions
No. A living will outlines your medical treatment preferences if you cannot express them yourself. A last will and testament distributes your property after your death.
Any competent adults can witness your signature, but at least one must not be related to you, entitled to your estate, or involved in your healthcare.
Yes. You can state your preferences about comfort measures and palliative care.
If a physician objects to following your wishes for reasons of conscience or policy, they must make a reasonable effort to transfer you to another provider.
No. Your living will remains valid unless you revoke it or create a new one that replaces it.
