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In the state of Texas, individuals have the means to make their healthcare preferences known ahead of time through the Texas Living Will form. This document, legally recognized, empowers people to outline their wishes regarding life-sustaining treatment in the event they become incapacitated and unable to communicate their decisions personally. The importance of a living will cannot be overstated, as it provides clarity and direction to healthcare professionals and family members during challenging times, ensuring that the individual's preferences are honored. Covering a range of treatments from life support to alimentary provision, the form allows for specific instructions on various interventions. Furthermore, it requires the signatures of the person making the will, known as the declarant, and witnesses, thereby ensuring its legal enforceability under Texas law. The form acts not only as a declaration of medical preferences but also as a peace-of-mind tool for both the individual and their loved ones, knowing that personal healthcare decisions are documented and will be respected.

Example - Texas Living Will Form

Texas Living Will Template

This Texas Living Will is a legal document that outlines your wishes for medical treatment in the event that you are unable to communicate your decisions. It reflects your directives based on the Texas Advance Directives Act.


Personal Information

Full Legal Name: _______________________________

Date of Birth: _______________________________

Social Security Number: _______________________________

Address: _______________________________

City: _______________________, State: Texas, Zip: ___________

Phone Number: _______________________________

Email Address: _______________________________


Directive to Physicians and Family or Surrogates

This document represents my wishes regarding my medical care. I understand the full import of this document and I am emotionally and mentally competent to make these decisions.

Life-Sustaining Treatment Preferences

In the event that I suffer from a terminal condition or an irreversible condition, as defined by the Texas Advance Directives Act, where it is expected that I will die within six months even with available life-sustaining treatment provided in accordance with prevailing standards of medical care or unable to make decisions for myself and unlikely to recover my decision-making abilities, respectively, I direct that:

  1. All treatments other than those needed for comfort care be discontinued or withheld and I be permitted to die naturally with only the administration of medications or the performance of any procedure deemed necessary to provide comfort care or alleviate pain.
  2. _____________(initial) Treatment should be administered in consideration of my condition, but not for the purpose of prolonging life, including the administration of nutrition and hydration artificially.

Special Instructions

Here, you may indicate any additional wishes not covered above or provide specific instructions regarding your health care. These may include your preferences regarding tube feeding, dialysis, ventilation, or other non-life-sustaining treatments.

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________


Appointment of Health Care Agent

If I become incapable of making my own health care decisions, I designate the following individual as my health care agent:

Name: _______________________________

Relationship: _______________________________

Phone Number: _______________________________

Alternate Phone Number: _______________________________

This person is authorized to make health care decisions on my behalf, considering my desires as expressed in this document, to the extent permitted by law.


Signature

I understand that this living will represents my wishes regarding medical treatment. I am over the age of 18 and understand the full import of this declaration.

Signature: _______________________________

Date: _______________________________


Witnesses

The signing of this document was witnessed by:

  1. Name: _______________________ Signature: _______________________ Date: _______________________
  2. Name: _______________________ Signature: _______________________ Date: _______________________

This document does not authorize the provision, withholding, or withdrawal of health care to the extent prohibited by law.

Form Specifics

Fact Detail
Name Texas Living Will
Governing Law(s) Texas Advance Directives Act (Chapter 166, Texas Health and Safety Code)
Purpose Allows an individual to outline their preferences for medical treatment should they become unable to make decisions for themselves.
Also Known As Directive to Physicians and Family or Surrogates
Requirements Must be signed by the declarant or another person in the declarant's presence and at their direction, and it must be notarized or witnessed by two competent adults.

How to Write Texas Living Will

When the moment comes to put one's healthcare wishes into writing, completing a Texas Living Will stands as a crucial step. This document, officially known as a "Directive to Physicians and Family or Surrogates," allows individuals to state their preferences for medical treatment in scenarios where they're no longer able to communicate their decisions due to incapacitation. It's a thoughtful gesture, not only for oneself, ensuring that personal healthcare choices are known and respected, but also for loved ones, by providing them with guidance and alleviating the burden of making tough decisions during challenging times. Below, find a straightforward guide to filling out the Texas Living Will form, ensuring clarity and peace of mind for both the individual and their family.

To complete the Texas Living Will form, follow these steps:
  1. Gather personal information, including the full legal name, address, date of birth, and social security number.
  2. Read the form carefully, making sure to understand each section and its implications fully. If any part is unclear, it could be beneficial to consult with a legal professional.
  3. In the section designated for treatment preferences, clearly indicate which life-sustaining treatments, if any, one wishes to decline in the case of a terminal or irreversible condition. This may include decisions on the use of ventilators, feeding tubes, and other forms of life support.
  4. Specify any additional wishes regarding healthcare, such as pain management or preferences for hospice care. It's important to be as detailed as possible to ensure that these wishes are understood and followed.
  5. Choose a healthcare agent, if desired. This is the person who will make healthcare decisions on one's behalf if they're unable to do so themselves. Include the agent's full name, relationship, and contact information.
  6. Review the completed form to ensure all information is accurate and reflects true healthcare wishes.
  7. Sign and date the form in the presence of two qualified witnesses or a notary public, as per Texas law requirements. The witnesses must also sign, acknowledging they have witnessed the signing and believe the individual to be of sound mind.
  8. Ensure copies of the signed and completed form are shared with the chosen healthcare agent (if one is named), family members, and primary healthcare providers. It’s also wise to keep a copy in an easily accessible place at home.

Accurately filling out and properly executing a Texas Living Will provides a sense of security, knowing one’s healthcare preferences are documented and can be honored when most important. Taking this step helps ensure that, no matter what the future holds, there will be a clear directive on how to proceed with healthcare choices, reflecting personal values and wishes. It’s a profound act of self-care and consideration for those we love.

Things You Should Know About This Form

  1. What is a Texas Living Will?

    A Texas Living Will, also known as an Advance Directive, is a legal document that allows individuals to outline their wishes regarding medical treatment if they become incapacitated and unable to make decisions for themselves. It specifies the types of medical care they wish to receive or refuse, particularly regarding life-sustaining treatment.

  2. Who should have a Texas Living Will?

    Any competent adult in Texas who wants to have control over their medical treatment decisions in the event that they cannot communicate their wishes due to illness or incapacity should consider creating a Living Will. It provides peace of mind for the individual and their family by clearly outlining their healthcare preferences.

  3. How can one create a Texas Living Will?

    To create a Texas Living Will, one must complete the state-approved form. This involves specifying their medical treatment preferences, signing the document, and having it witnessed as required by Texas law. It is advisable to consult with a healthcare provider and a lawyer to ensure the document accurately reflects the individual's wishes and complies with Texas law.

  4. Are witnesses required for a Texas Living Will?

    Yes, Texas law requires that a Living Will must be signed in the presence of two qualified witnesses. The witnesses must be competent adults, and at least one of them must not be a person who is entitled to any part of your estate, a relative by blood or marriage, your attending physician, or an employee of a health care facility in which you are a patient, if the employee is providing direct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.

  5. When does a Texas Living Will become effective?

    A Texas Living Will becomes effective when it is provided to the attending physician, and the individual is determined to be incapable of making healthcare decisions for themselves. The attending physician must certify in writing that the individual lacks capacity to make informed healthcare decisions.

  6. Can a Texas Living Will be revoked?

    Yes, at any time and in any manner by which the person can communicate an intent to revoke, regardless of their mental state. This revocation becomes effective when it is communicated to the attending physician. It is important to inform family members and healthcare providers if a Living Will has been revoked.

  7. What should you do with your completed Texas Living Will?

    Once completed, it's important to keep your Texas Living Will in a safe but accessible place. Copies should be given to your healthcare agent (if you have designated one), family members, your primary care physician, and possibly your attorney. It may also be beneficial to discuss with them the content of your Living Will so they understand your wishes.

  8. Does a Texas Living Will need to be notarized?

    No, Texas law does not require a Living Will to be notarized. It only needs to be properly signed and witnessed according to the state requirements. However, getting it notarized may add an extra layer of affirmation concerning the authenticity of the signatures if ever disputed.

  9. What happens if medical preferences change after creating a Texas Living Will?

    If your medical preferences change after creating a Texas Living Will, it is crucial to create a new document reflecting these changes. The new Living Will should be dated and signed, following the same procedure as the original, including witnessing. It's also important to destroy all copies of the old Living Will to avoid confusion.

  10. Is a Texas Living Will valid in other states?

    While many states have laws recognizing Living Wills made in other states as long as they comply with the other state's law, it is not guaranteed. If you spend a lot of time in another state, it may be wise to make a Living Will that complies with that state's laws to ensure your wishes are respected no matter where you are.

Common mistakes

When completing the Texas Living Will form, many individuals often overlook the importance of precision and thoroughness, leading to common mistakes. One significant error is not providing clear instructions about life-sustaining treatments. This document is meant to guide healthcare providers on whether or not an individual wishes to receive treatments such as mechanical ventilation, artificial nutrition, and hydration in the event they can no longer make decisions for themselves. Vague or ambiguous directions can create confusion and complicate medical decision-making processes.

Another frequent mistake is failure to update the document to reflect current wishes. As individuals age or their health status changes, their preferences for medical treatment might also change. However, if they do not update their living will accordingly, it may no longer accurately represent their true desires, leading to the implementation of undesired medical procedures or the withholding of wanted treatments.

Additionally, neglecting to discuss the contents of the living will with family members or healthcare proxies is a critical oversight. Communication ensures that those responsible for making healthcare decisions on an individual's behalf are aware of their wishes and can advocate for them effectively. Without this crucial step, family members may be unaware of the living will's existence or its specific directives, which can lead to disputes or delays in care.

A further mistake lies in improper execution of the form. The Texas Living Will must be signed in the presence of two qualified witnesses or a notary public to be legally binding. Unfortunately, some individuals either overlook this requirement or fail to adhere to the specific criteria for witnesses, such as not being related by blood or marriage, which can invalidate the document.

Last but not least, storing the living will in an inaccessible place renders it virtually useless. If healthcare providers cannot quickly find and review the living will when critical decisions need to be made, the document's directives cannot guide medical treatment. Thus, it is essential to keep the living will in a readily accessible location and to inform key individuals of where it is stored.

Documents used along the form

When preparing for the future, particularly for healthcare decisions, it's essential to have a comprehensive plan in place. The Texas Living Will form is a critical component, allowing individuals to detail their preferences for end-of-life care. However, to ensure a truly robust approach to healthcare planning, it’s advisable to consider other legal forms and documents that can support and complement a living will. Here, we outline five additional documents that are often used alongside a Texas Living Will.

  • Durable Power of Attorney for Health Care: This document appoints a trusted individual to make healthcare decisions on your behalf if you're unable to do so. Unlike a living will, which comes into play under specific circumstances, a durable power of attorney covers a broad range of healthcare decisions and kicks in whenever you're incapacitated.
  • Medical Orders for Scope of Treatment (MOST): The MOST is a doctor’s order that specifies the types of medical treatment patients prefer in their current health state. It is designed for seriously ill individuals to ensure that their treatment preferences are followed by healthcare providers.
  • Declaration for Mental Health Treatment: This form lets individuals specify their preferences for mental health treatment, should they become incapacitated due to a mental health condition. It can include preferences for medications, hospitalizations, and electroconvulsive therapy.
  • Do-Not-Resuscitate (DNR) Order: A DNR order is a medical order signed by a physician that instructs healthcare providers not to perform cardiopulmonary resuscitation (CPR) if a patient's breathing stops or if the heart stops beating. It’s different from a living will but ensures that a patient’s wishes regarding no CPR are respected.
  • Organ and Tissue Donation Registration: While not directly a part of end-of-life decisions like a living will, registering as an organ donor can be a significant part of your healthcare directives. This document makes your wishes known regarding organ and tissue donation after death.

These documents, when used together with a Texas Living Will, create a comprehensive plan that respects and protects your healthcare wishes. Consulting with a legal professional to ensure these documents are properly executed and reflect your desires accurately is essential in safeguarding your health care rights and making sure your wishes are honored.

Similar forms

A living will, known officially as an "Advance Directive" in Texas, serves as a crucial document for outlining a person's healthcare preferences in scenarios where they cannot communicate their desires due to incapacity. This document is closely related to a Medical Power of Attorney, which also deals with medical decision-making on behalf of someone who is incapacitated. However, while a living will specifies what types of medical treatment an individual wants or does not want, a Medical Power of Attorney appoints someone else to make medical decisions for them, filling in the gaps for decisions not already covered in the living will.

Similar in purpose to DNR (Do Not Resuscitate) Orders, living wills often address end-of-life decisions, including the refusal of life-sustaining treatments. DNR Orders specifically instruct healthcare providers not to perform CPR if the patient's breathing or heartbeat stops, making it a critical component of end-of-life planning alongside a living will. Both documents ensure that a person’s medical treatment preferences are honored, yet they each cover different aspects of care.

The Health Care Proxy is another document akin to a living will but is more commonly used in some states outside of Texas. Like a Medical Power of Attorney, it allows an individual to designate another person to make healthcare decisions on their behalf. The distinction lies mainly in terminological preferences between states, with both types of documents serving to appoint a healthcare agent.

A Durable Power of Attorney for Finances is similar to a living will in that it allows individuals to lay out instructions for future scenarios where they may be incapacitated. Unlike a living will, which focuses on healthcare decisions, this document pertains to financial affairs, designating an agent to manage financial transactions and decisions when the person cannot do so themselves.

An Advance Healthcare Directive combines elements of a living will and a Medical Power of Attorney into a solitary document. It allows individuals not only to state their healthcare preferences in certain situations but also to name a healthcare agent to make decisions that aren't covered by the directive’s stipulations. This comprehensive approach ensures all aspects of a person’s health care and end-of-life decisions are addressed.

The Five Wishes Document is a unique blend of living will and ethical will concepts that goes beyond traditional healthcare directives by addressing personal, emotional, and spiritual needs in addition to medical and legal preferences. It prompts individuals to reflect on their values and desires concerning their end-of-life care, offering a holistic view of advance care planning.

A POLST (Physician Orders for Life-Sustaining Treatment) form complements a living will by translating a person’s end-of-life treatment preferences into medical orders. Designed for seriously ill or frail individuals, POLST forms ensure that in an emergency, the healthcare team is aware of and follows the patient’s desires regarding treatments like intubation, antibiotic use, and feeding tubes.

The Last Will and Testament, while fundamentally a document for asset distribution after death, shares the foresight aspect of a living will. Both documents enable individuals to plan ahead and make clear their specific wishes to be carried out at a time when they will not be able to communicate or make decisions for themselves. However, the Last Will and Testament does not cover healthcare decisions.

An Ethical Will, an ancient document emphasizing moral legacy over material assets, though not legally binding, complements the living will's intentions by providing a venue for individuals to express their values, life lessons, and hopes for the future. This personal document can guide family and loved ones in understanding the individual's values, complementing the living will's more clinical and legally focused decisions.

The HIPAA Release Form, while not a directive for end-of-life care, is crucial for ensuring that healthcare providers can share an incapacitated patient's medical information with designated individuals, including those named in a living will or medical power of attorney. This facilitates informed decision-making by the patient’s healthcare agent or loved ones in line with the preferences expressed in their advance directives.

Dos and Don'ts

Filling out a Texas Living Will is an important step in managing your future healthcare decisions. However, it's essential to approach this task with careful consideration. Here are seven do's and don'ts to keep in mind:

  • Do thoroughly read the entire form before you start filling it out. Understanding each section ensures your decisions are accurately represented.
  • Do discuss your decisions with your healthcare provider and a trusted family member or friend. They can provide valuable perspectives.
  • Do be as specific as possible when detailing your healthcare wishes. Clarity will help healthcare providers follow your instructions.
  • Do consider consulting with a lawyer. They can provide guidance to ensure your living will complies with Texas law.
  • Do sign the document in the presence of a notary or the required number of witnesses, according to Texas law.
  • Don't fill out the form in a hurry. Take your time to consider each section and how it reflects your wishes.
  • Don't leave any sections blank. If a section does not apply, indicate this appropriately to avoid any confusion.

Misconceptions

Many people have misconceptions about the Texas Living Will form, which can lead to confusion and misunderstanding. To ensure clarity, here are eight common misconceptions debunked:

  • A Living Will is only for the elderly.
    People of all ages can benefit from a Living Will. It's not just for the elderly; unexpected medical situations can arise at any time, making it important for anyone to have their healthcare wishes documented.
  • It's complicated to create a Living Will.
    Creating a Living Will in Texas can be straightforward. It requires clear communication of your healthcare preferences and can often be done without the need for a lawyer. Texas provides resources to help individuals draft their Living Wills efficiently.
  • You need an attorney to execute a Living Will.
    While consulting with an attorney can be helpful, it's not a necessity for executing a Living Will in Texas. The form needs to be completed, signed, and witnessed or notarized according to Texas laws, which can be done without an attorney's assistance.
  • A Living Will and a Last Will and Testament are the same.
    A Living Will deals with healthcare decisions during one’s lifetime, especially concerning end-of-life care, while a Last Will and Testament deals with the distribution of one's estate after they pass away. These are two distinct documents serving different purposes.
  • Once signed, a Living Will cannot be changed.
    A Living Will is not set in stone. One can update or revoke it at any time as long as they are of sound mind. Circumstances and preferences can change, which is why the ability to alter one’s Living Will is important.
  • A Living Will guarantees your healthcare wishes will be followed in every situation.
    While a Living Will is legally binding and significantly aids in having one's healthcare wishes followed, unforeseen situations may arise where healthcare providers have to make critical decisions in emergencies where the Living Will cannot be accessed immediately or when it does not cover a specific scenario.
  • If you don't have a Living Will, your family can make decisions easily.
    Without a Living Will, decision-making can be much more challenging for family members, who may be unsure about your healthcare preferences. This can lead to stress, confusion, and even conflict among family members during already difficult times.
  • Only terminal patients need a Living Will.
    A Living Will is beneficial for anyone, not just those with terminal illnesses. It ensures your healthcare preferences are known and can guide your loved ones and healthcare providers in many situations where you cannot communicate your wishes.

Key takeaways

When it comes to preparing for the future, a Texas Living Will is a vital document that clearly states your wishes regarding medical treatment in the event that you're unable to communicate. Understanding how to properly fill out and use this form can ensure your healthcare preferences are respected and legally recognized. Here are six key takeaways to guide you through the process:

  • Understand the purpose: A Texas Living Will allows you to outline your preferences for medical treatment, including life-sustaining measures, if you're in a terminal or irreversible condition. This ensures your medical care aligns with your desires.
  • Know the requirements: The form must be filled out correctly to be valid. It needs to be signed in front of a notary public or two qualified witnesses, who cannot be beneficiaries of your estate, your healthcare providers, or legally responsible for your medical expenses.
  • Be specific: Clearly detail your wishes regarding specific medical treatments and interventions. The more specific you are, the easier it will be for your healthcare providers to follow your instructions.
  • Communicate with your healthcare proxy: If you've designated a healthcare proxy or agent to make decisions on your behalf, discuss your wishes with them in detail. Ensure they understand and are willing to enforce your preferences.
  • Keep it accessible: Once completed, store your Living Will in a place where it can be easily found. Provide copies to your healthcare proxy, family members, and your primary care physician to ensure your wishes are known and can be accessed when needed.
  • Review and update periodically: Life circumstances and medical preferences can change. Review your Living Will periodically and make updates as needed. Remember, a new form must be executed according to the same requirements as the original to remain valid.
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