Understanding Living Wills in Texas: A Guide to Making Informed Decisions
As you navigate the complexities of life, it’s essential to prepare for the unexpected. One crucial aspect of estate planning is creating a living will, also known as a advance directive. In Texas, a living will is a legally binding document that outlines your wishes regarding medical treatment and end-of-life care. In this article, we’ll delve into the importance of living wills in Texas, the process of creating one, and the benefits it can bring to your loved ones.
What is a Living Will in Texas?
A living will is a document that outlines your preferences for medical treatment if you become unable to make decisions for yourself due to illness or injury. It’s also known as an advance directive because it provides instructions for healthcare providers if you’re unable to communicate your wishes yourself. In Texas, a living will must be in writing and signed by you in the presence of two witnesses who are not your healthcare providers.
What Does a Living Will Cover in Texas?
A living will in Texas typically covers the following:
1. Life-sustaining treatments: You can specify whether you want to receive life-sustaining treatments such as mechanical ventilation, artificial nutrition, and hydration.
2. Pain relief: You can indicate whether you want pain relief measures such as medication or other treatments to manage your pain.
3. Organ donation: You can express your wishes regarding organ donation after death.
4. Burial or cremation: You can specify your preferences for burial or cremation.
How to Create a Living Will in Texas
To create a valid living will in Texas, follow these steps:
1. Consult with an attorney: It’s recommended to consult with an attorney who is familiar with Texas law to ensure your document is legally binding.
2. Fill out the form: You can use a standardized form provided by the Texas Department of State Health Services or create your own document that meets the requirements.
3. Sign and date: Sign the document in front of two witnesses who are not your healthcare providers.
4. Get witnesses’ signatures: The witnesses must sign the document acknowledging that they witnessed your signature.
Benefits of Having a Living Will in Texas
Having a living will in Texas offers numerous benefits:
1. Peace of mind: Knowing that your wishes are documented and respected can bring peace of mind for both you and your loved ones.
2. Reduced stress on family members: Your family won’t have to make difficult decisions about your medical treatment, which can reduce stress and conflict.
3. Compliance with Texas law: A valid living will ensures that you’re complying with Texas law regarding advance directives.
4. Flexibility: A living will allows you to update or modify your wishes at any time if circumstances change.
Tips and Considerations
When creating a living will in Texas, keep the following tips in mind:
1. Review and update regularly: Review your living will every few years or when significant changes occur in your life.
2. Keep it private: Consider keeping your living will private to avoid sharing personal medical information.
3. Consult with healthcare providers: Discuss your living will with your healthcare providers to ensure they understand your wishes.
In conclusion, creating a living will in Texas is an essential step in ensuring that your medical wishes are respected if you become unable to make decisions for yourself. By understanding what a living will covers, how to create one, and the benefits it offers, you can make informed decisions and provide peace of mind for yourself and your loved ones.
Living wills stipulate what procedures should be taken if a patient becomes terminally ill and is no longer capable of making medical decisions on their own. In Texas, there are four types of documents that apply:
• The “directive to the physician” states what steps are to be taken if you are terminally ill and are not expected to live more than six months
• A “do not resuscitate” order specifically outlines conditions under which you do not wish to be revived if you experience cardiac arrest or otherwise come near death
• A “medical power of attorney” form appoints someone else to make end-of-life care decisions on your behalf if you are physically or mentally incapable of doing so
• A “directive for mental health treatment” specifies what steps to take if you become mentally ill
An attorney is not required to complete these forms. While there is no one standard template for these documents, there are a number of legally valid forms people may find online and complete themselves. Any living will must be signed by either a notary public or two witnesses. If you choose the latter, the witnesses may not be related to you, either by blood or through marriage. Any person over age 18 may choose to complete one of these forms.
It is important to be aware of the distinction between an irreversible condition and a terminal condition. For example, Alzheimer’s disease is irreversible but not fatal in and of itself. A terminal condition is both irreversible and will lead to death if life is not artificially prolonged.
The Directive to the Physician:
• Allows patients to request that life-sustaining treatment either be continued or withdrawn
• Does not apply to people in hospice care
• Can specify whether you wish to have artificial nutrition administered via tubes
• Can specify which antibiotics or treatments you specifically want or decline
• Can request that you be given treatment to alleviate pain even if it hastens the end of your life
Any such form can be revoked or changed at any time by the patient or replaced by another form. Patients have the right to orally revoke the terms of their living will. It is also important to note that under Texas law, women who are pregnant are not allowed to decline life-sustaining treatment regardless of their condition.
When a directive to the physician is created and signed, it goes into effect. Assuming the person is of sound mental health at the time of the living will’s creation, family members cannot contest the instructions on legal grounds. As long as they proceed prudently, doctors cannot be sued for following instructions which hasten the death of the patient.
Texas residents have a space on their driver’s license where they can write in the phone number of anyone entrusted with a copy of their living will. This can be useful if you are involved in an accident and a copy of your directive to the physician cannot be immediately found.
