Texas Living Will Requirements

Posted on: November 29th, 2022 by EOS Healthcare Marketing

Living Will Wishes in Texas

Preparing for the end of your life can be a touchy subject. No one likes to think about what happens if you are terminally ill but unable to tell the doctor what type of treatment you want. Making a living will ahead of time is smart because it gives you more control over what type of medical care you receive and lessens the stress on your loved ones. Each state has its living will requirements. This article discusses living wills that are made in Texas.

What is a Living Will?

A living will is a legal document that specifies to your healthcare providers what type of medical treatment you want to receive at the end of your life. It is only effective if you cannot express your wishes concerning your medical care. A physician must also first declare that you have a terminal or irreversible condition.

A living will allows you to request or refuse treatments that may extend your life or make your last days more comfortable. They also relieve your family from making those difficult decisions for you. Any adult can make a living will, and it is recommended to review your decisions every two or three years. Life changes can happen that influence what you want in your living will. You can update your living will if you revoke or destroy the previous version.

How Does Someone Create a Living Will in Texas?

In Texas, this is what creating a living will require:

• The will must be in writing, which means it can be handwritten or typed and printed. A digital document is not acceptable.
• You must be 18 years old to legally make a living will.
• You must make the will of your own volition. No one should be pressuring you to do it.
• You must be of sound mind and memory, which means you must be capable of making important decisions concerning your health care.
• You must sign the document in the presence of two credible witnesses, who must also sign. According to the Texas Estates Code, your witnesses must be 14 years old. The witnesses must not be people receiving any financial benefit from you upon your death. 

You do not need to notarize the will to make it valid in Texas. It is considered a self-proving document.

What Will a Living Typically Cover?

A living will cover several issues, such as:

• Whether or not you wish the medical team to attempt resuscitation if your heart stops.
• Whether or not you wish to be put on a breathing machine if you cannot breathe on your own.
• Whether or not you want to be fed through a tube.
• Whether or not you wish to receive dialysis treatments if your kidneys fail.
• Whether or not you wish to receive antibiotics or antiviral medication.
• Whether or not you wish to receive pain medication for your comfort.
• Whether or not you wish to be placed on hospice care.
• Whether or not you want your organs and/or tissues to be donated.

What is the Difference Between Medical Power of Attorney and a Living Will?

A medical power of attorney can make healthcare decisions for you, even if you are not in your last days. A living will only cover the period at the end of a terminal or irreversible condition when you cannot express your wishes.

When Will a Living Become Effective?

A physician or doctor must first confirm that you are terminally sick or have an irreversible condition before the living is put into effect. You don’t need a living will if you are still coherent enough to make health decisions independently.

Need Help with Your Living Will in Texas?

My Living Wishes is here to help you navigate the various documents you make to prepare for the end of your life, including living wills. Let us know how we can assist you.