Make Your Wishes Clear for Life-Sustaining Treatment and End-of-Life Care
A living will in Texas, also called an advance directive, is more than just a piece of paper – it’s your voice when you can’t speak for yourself. It’s a powerful tool that lets you call the shots on your medical care, even if you’re unable to communicate. Whether you’re facing a serious illness or just planning for the future, a living will gives you peace of mind knowing your wishes will be honored.
Living Will Essentials & Need-to-Knows
- What it is: A living will, also called a Directive to Physicians and Family or Surrogates, is an advance directive that lets you state your preferences for life-sustaining treatment and end-of-life care if you cannot communicate them due to illness or injury.
- Who it is for: Texas adults who want to express their wishes for life-sustaining treatment and end-of-life care.
- How to make it valid: Sign it in the presence of two qualified witnesses or a notary public.
- How we help: Three service levels — White Glove, Everything but the Execution, and Estate Plan Express (online will package).
- How to get started: Call us at (888) 584-9614 or contact us online to schedule a free consultation.
So, what exactly is a living will and how does it work in Texas? Our Texas estate planning attorneys unpack how this legal agreement acts as a lifeline, safeguarding you and yours in rough waters.
What Is a Living Will in Texas?
A living will in Texas, also called a Directive to Physicians and Family or Surrogates, is a legal document that explains your wishes for life-sustaining treatment and end-of-life care if you cannot communicate them due to illness or injury. It generally applies when you have a terminal or irreversible condition.
It’s an important part of estate planning because it puts your preferences in writing. It reduces uncertainty for loved ones and gives your medical team clear guidance when you can’t speak for yourself.
Your living will can address life-sustaining treatment. Section 166.002 defines this as treatment that keeps you alive and without which you would die. This can include artificial nutrition and hydration, mechanical ventilation, and other measures. A living will usually focuses on whether you want life support started, continued, stopped, or not used in a terminal or irreversible condition.
Keep in mind that a living will does not appoint someone to make medical decisions on your behalf. If you want to choose that person, you need a separate document called a medical power of attorney.
What Is the Process of Creating a Living Will in Texas?
To create a living will in Texas, you’ll need to put your healthcare wishes in writing and sign the document properly. You can either sign it in the presence of two competent, qualified witnesses or before a notary public.
Step 1: Put Your Wishes in Writing
Use the Texas Directive form or an attorney-drafted document. Be as specific as possible when outlining your medical treatment preferences. This can include your wishes regarding life-sustaining measures, pain management, and end-of-life care.
Step 2: Properly Sign the Document
Texas allows two common execution options for a living will. The first option is to sign in the presence of two competent witnesses. However, under 166.003, one of the witnesses may not be:
- Designated as someone who can make a healthcare or treatment decision on your behalf
- Related to you by blood or marriage
- Entitled to any part of your estate by will or by law
- Your attending physician or their employees
- An employee of a health care facility in which you are a patient if the employee is providing direct patient care
- An officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility
Rather than two witnesses, the other option is to sign the advance directive and have it acknowledged before a notary public.
Step 3: Share Copies of Your Texas Living Will
Once your living will is complete, give copies to your healthcare providers, healthcare agent, and family members.
The Importance of Clarity in Healthcare Decisions
One of the most important aspects of a living will is clarity. You should express your healthcare wishes in clear, unambiguous language. Leave no room for interpretation. This can prevent confusion and conflict among your family members and healthcare providers.
Be as specific as possible when outlining your preferences for life sustaining treatment, pain management, and end-of-life care. Consider scenarios like terminal illness, persistent vegetative state, and irreversible conditions. The more detailed your living will, the better equipped your healthcare agent and providers will be to honor your wishes. These subjects can be distressing to talk about with your family. However, you need to think about them while you’re able.
I once handled the case of a woman in an end-of-life situation suffering from ALS. She could no longer communicate her wishes verbally, and could only nod “yes” or “no” when asked questions. As her time grew short, there were furious arguments among her children about how to proceed.
Two of her children insisted their mother did not want to be on a ventilator, that she had expressed a desire to go peacefully. The third insisted just as forcefully that she wanted to live as long as possible and every measure should be taken. The stress agitated the mother to the point doctors had to forbid the children from visiting their mother.
It was one of the most heartbreaking situations I ever handled. It could have been avoided had the family discussed this in advance, and the woman written her desires in a living will. Sadly, she died without her children by her side, their argument unresolved.
How Do Living Wills Differ from Other Estate Planning Documents?
Living wills do a different job than other estate planning documents like living trusts and medical powers of attorney. A living will puts your wishes in writing about end-of-life care if you can’t communicate.
A medical power of attorney (medical POA) is different than a living will. It names the person who can make medical decisions for you if you cannot. A living will explains what you want in certain situations, like a terminal or irreversible condition. Many people have both so their agent has clear guidance.
A living will is also not the same as a living trust. A living trust helps manage and distribute your assets after you pass.
Your living will is just one piece of a comprehensive estate plan. By integrating your living will with other essential documents like a medical power of attorney, financial power of attorney, and last will and testament, you can protect your wishes from all angles.
What Is the Role of Healthcare Agents in Living Wills?
When creating a living will, you should also create a medical power of attorney. A medical power of attorney lets you choose an agent to make medical decisions on your behalf if you become incapacitated.
Your healthcare agent should be someone you trust to make medical decisions that align with your values and preferences. They’ll have the authority to communicate with your healthcare providers and make treatment choices based on your living will.
If you have both documents, your agent’s role is to communicate with your doctors, advocate for your preferences, and make decisions consistent with your stated wishes.
Should I Consult with an Attorney for a Living Will in Texas?
You can create a living will on your own, but working with an attorney can give you peace of mind and help you avoid mistakes. An attorney can make sure your living will meets Texas rules and clearly says what you want. They can also help your living will fits into the rest of your estate plan. If your wishes or health change later, they can help you review and update it.
When choosing an attorney, look for someone with experience in estate planning and a deep understanding of Texas living will requirements. They should take the time to understand your values, goals, and concerns and provide personalized guidance throughout the process.
Key Takeaway:
A living will in Texas speaks for you when you can’t speak for yourself. It’s a must-have in estate planning, ensuring your wishes are clear and followed. Remember to make it official with two witnesses or a notary and keep it specific about treatments like life support.
Frequently Asked Questions About Living Wills in Texas
How does a living will work in Texas?
It’s legally binding. A living will is a legal form that gives you the ability to dictate your health care preferences if you are unable to communicate. Once you have completed the form, doctors and other medical professionals must consider your instructions ahead of any other medical directive.
When does a living will go into effect in Texas?
A living will takes effect when you can’t communicate your wishes and your doctor determines you have a terminal or irreversible condition, so decisions about life-sustaining treatment need to be made.
What are the pros and cons of a living will?
On the plus side, a living will gives you the final say over your end-of-life care. A living will can give you peace of mind in your advance care planning, especially if you have a family member unwilling to discuss the matter.
On the down side, living wills can be the cause of family friction when loved ones disagree on a medical decision. You should communicate your desires with your family before writing your living will, and deal with all arguments beforehand.
Can I change or revoke a living will?
Yes. In Texas, you can revoke your living will at any time, regardless of your mental state. You can revoke it by destroying it, signing a written revocation, or telling your doctor that you have changed your mind. To sign a new living will, you must be of sound mind at the time you execute it.
Does my living will apply if I am pregnant?
No. In Texas, a living will has no effect if you have been diagnosed as pregnant.
What is the difference between a DNR and a living will in Texas?
A DNR, or “do not resuscitate” order, specifically refuses treatment when you are at the point of death. A DNR prevents paramedics or first responders from beginning CPR. A living will covers health care decisions about any medical treatment made when you are unable to communicate. This could include life sustaining treatment, but could also include care when you are unconscious or mentally ill.
What is the difference between a living will and a medical power of attorney in Texas?
Your medical power of attorney (medical POA) appoints a loved one to act on your behalf and make medical decisions for you. A power of attorney makes decisions they think would be best for you, even if those decisions are not what you would have wanted.
Schedule a Free Consultation to Discuss Creating a Texas Living Will Today
A living will in Texas is a game-changer when it comes to your healthcare. It’s your way of making sure your wishes are heard loud and clear, even if you can’t speak for yourself.
Making a living will means you’re setting the direction for your healthcare ahead of time. You’re deciding what treatments you want, and which ones you don’t. You’re choosing who will make decisions for you if you can’t.
Your final healthcare decisions shouldn’t be left to chance. You need to ensure that your voice is heard when you can’t speak for yourself. Your loved ones shouldn’t have to make critical decisions when their emotions are in the way. Talk with our Texas estate planning attorney now while everyone’s heads are clear. Call our law office at (888) 584-9614 or contact us online to schedule your consultation.
