Living Will in Texas: Understanding Your Healthcare Choices

living will in texas

A living will in Texas allows individuals to document their medical treatment preferences in situations where they can no longer communicate their decisions. Unlike a medical power of attorney, which designates someone to make healthcare decisions on your behalf, a living will provides specific instructions to healthcare providers. For this reason, it is also referred to as an “advanced directive.” Perhaps this name is more precise because the individual is directing their physician in advance of their wishes.

This document, brutally said, lets you make the choice between living as a vegetable or having the plug pulled.

What is a Living Will in Texas?

A living will in Texas addresses end-of-life medical decisions, such as whether to pursue life-sustaining treatments or opt for comfort care. This document provides clear guidance to physicians and family members, ensuring that your healthcare preferences are honored even if you are unable to communicate them yourself.

What Are My Options?

A living will primarily handles decisions related to end-of-life care. This includes whether to employ “extreme life-saving measures,” such as ventilators or feeding tubes, or to allow for “comfort care” or “palliative care” to ease pain and discomfort. By outlining these preferences in advance, individuals can ensure their wishes are respected without placing the burden of decision-making on loved ones.

When Does Is Take Effect?

A living will in Texas becomes effective when an individual is unable to make medical decisions for themselves. As long as you can provide informed consent, your healthcare providers will (or should) follow your direct instructions. It only comes into play when you are incapacitated and unable to communicate your choices.

Can It Specify More Than End-of-Life Decisions?

Yes, a living will in Texas can go beyond end-of-life decisions. While its primary focus is often on whether to pursue life-sustaining treatments or comfort care, individuals can include additional instructions regarding specific treatments, limitations, or preferred courses of action. However, most center on guiding decisions about extreme medical measures.

Why Have it in Texas?

A living will in Texas offers several important benefits:

  • Clarity: It provides clear instructions to healthcare providers and family members, eliminating confusion or disagreements about your preferences.
  • Reduced Family Burden: It spares loved ones from making difficult decisions during emotionally challenging times.
  • Legal Certainty: It ensures your wishes are documented in a legally recognized format, reducing the likelihood of disputes.

A well-known example illustrating the importance of a living will is the case of a Florida woman, Terri Schiavo. Without an advanced directive, her family endured a prolonged legal battle over her treatment, a fight that lasted nearly fifteen years. Having a living will in place can prevent such conflicts and ensure that your healthcare decisions are respected.

How to Create a Living Will in Texas

Creating a living will in Texas involves several steps. However, it is important to consult with a Texas attorney to help you draft and sign the document:

  1. Determine Your Preferences: Reflect on your values and medical treatment preferences. Consider scenarios such as terminal illness or permanent unconsciousness.
  2. Draft the Document: Work with an attorney to outline your instructions clearly.
  3. Sign and Witness: In Texas, the document must be signed in the presence of two witnesses or notarized to be legally valid.
  4. Share the Document: Provide copies to your primary care physician, family members, and any individuals involved in your healthcare decisions.

Living Will in Texas vs. Medical Power of Attorney

While both are essential estate planning tools, they serve different purposes:

  • Living Will: Focuses on specific medical treatments and end-of-life care.
  • Medical Power of Attorney: Appoints someone to make healthcare decisions on your behalf.

Having both documents ensures comprehensive coverage of your healthcare preferences and decision-making needs

Common Misconceptions

  1. “It Only Covers DNR (Do Not Resuscitate) Orders”: A living will can include a range of preferences beyond resuscitation, such as pain management and organ donation. However, a living will is not a DNR. A DNR is a medical order, issued by a physician, not an attorney.
  2. “It Replaces the Need for a Medical Power of Attorney”: These documents complement each other, providing both specific instructions and decision-making authority. If you only have a medical power of attorney and do not have a living will, then the medical power of attorney will likely make these choices for you.

“It’s Only for the Elderly”: Individuals of all ages can benefit from having a living will, as unexpected medical situations can arise at any time. “It won’t happen to me…” until it does.

For additional estate planning information visit the Estate Planning Home Page.

Conclusion

A living will in Texas is a vital document that ensures your healthcare preferences are honored when you cannot communicate them yourself. By providing clear instructions and reducing the burden on family members, it serves as an essential component of comprehensive estate planning. Taking the time to create a living will can provide peace of mind for you and your loved ones, ensuring that your medical care aligns with your values and wishes.

Testimonial

"Evan was very thorough and attentive when helping us to prepare our will and other associated estate planning documents. He easily walked us through all the decision making and requirements. The whole process was complete from start to finish in about a week. We will definitely return for any modifications required in the future."
- Roger

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