Helping You Establish A Living Will
A living will, also known in Texas as a directive to physicians, is an effective way to communicate what medical care you do or do not want if your death is imminent. It relieves your family from having to make difficult decisions for you and should be a part of your estate plan.
What Is A Living Will?
A living will is a document that articulates your wishes related to end-of-life medical treatment. Most people have strong opinions about what should be done for their own end-of-life care but may lose the ability to communicate those preferences regarding the type of care they receive. Family members want to honor the desires of the family. By signing a directive to physicians, you will tell your family your expectations and eliminate any struggle for your family about your intentions. A living will should be part of your estate plan.
Frequently Asked Questions About Texas Living Wills
A living will can raise questions about signing requirements, family decisions and later changes. The following answers cover common issues that may come up as you plan for future medical care:
Do I need witnesses or a notary for a living will in Texas?
Texas law provides two methods for completing a written directive to physicians. You may sign the document before two qualified witnesses, both of whom must also provide their signatures. Instead, you may complete the directive before a notary without using witnesses. If you choose witnesses, at least one must satisfy additional eligibility requirements under Texas law and generally cannot make health care decisions for you, inherit from you or provide your direct medical care. Following these formal requirements helps establish that you completed the directive in accordance with Texas law.
Can a Texas living will be overridden by a spouse or adult children?
Your spouse or adult children generally cannot revoke your directive just because they disagree with your choices. Under Texas law, the directive stays in effect until you revoke it. The Texas form also states that no other person may revoke it for you. If you cannot speak for yourself, your doctor and any person you named may make decisions based on the directions you gave. If no authorized person is available, Texas law may give your doctor a role in applying the directive. Clear and current instructions can help your family and medical team understand your wishes.
How do I update or revoke a living will in Texas if my wishes change?
You may change your living will if your wishes or personal circumstances change. One option is to sign a new directive that states what you want at that time. If two valid directives conflict, Texas law generally gives effect to the later one. You may also revoke a directive by destroying it, signing and dating a written revocation or clearly saying that you want to revoke it. If you revoke it in writing or by speaking, tell your attending physician so the change can be added to your medical record. Then give updated copies to your physician and anyone who may need to follow your instructions. This can reduce confusion if others must make decisions about your care.
Contact The Law Office of Jeannine C. Flynn
Now is the time to establish your living will. Call 713-521-3303 or email the firm today to talk with a board-certified estate planning attorney.