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In Texas, a Living Will is a crucial document that allows individuals to express their wishes regarding medical treatment in the event they become unable to communicate those wishes themselves. This form is particularly important for ensuring that your preferences about life-sustaining treatments, such as resuscitation or mechanical ventilation, are respected. It provides clear guidance to healthcare providers and loved ones during critical moments when decisions about your care need to be made. By outlining your desires regarding end-of-life care, you can relieve your family of the burden of making difficult choices on your behalf. The Texas Living Will form is straightforward and accessible, allowing you to specify what types of medical interventions you would or would not want under certain circumstances. Additionally, it can be combined with other advance directives, like a Medical Power of Attorney, to create a comprehensive plan for your healthcare preferences. Understanding the importance of this document can empower you to take control of your medical decisions and ensure your voice is heard, even when you cannot speak for yourself.

Document Attributes

Fact Name Description
Purpose The Texas Living Will form allows individuals to express their wishes regarding medical treatment in case they become terminally ill or incapacitated.
Governing Law This form is governed by the Texas Health and Safety Code, specifically Chapter 166.
Eligibility Any adult resident of Texas can complete a Living Will, as long as they are of sound mind.
Witness Requirements The form must be signed in the presence of two witnesses, who must be at least 18 years old and not related to the individual.
Revocation A Living Will can be revoked at any time by the individual, either verbally or in writing.

Similar forms

The Living Will form is an important document that outlines your wishes regarding medical treatment in case you become unable to communicate them. Several other documents serve similar purposes, providing guidance on health care decisions and end-of-life care. Here’s a list of nine documents that share similarities with a Living Will:

  • Advance Directive: This is a broader term that includes both Living Wills and Durable Powers of Attorney for Health Care. It allows you to express your medical treatment preferences and appoint someone to make decisions on your behalf.
  • Durable Power of Attorney for Health Care: This document specifically designates an individual to make health care decisions for you if you are unable to do so. It works alongside a Living Will.
  • Do Not Resuscitate (DNR) Order: A DNR order instructs medical personnel not to perform CPR if your heart stops or you stop breathing. It complements a Living Will by focusing on specific life-saving measures.
  • Physician Orders for Life-Sustaining Treatment (POLST): This is a medical order that reflects your wishes regarding treatments such as resuscitation and mechanical ventilation. It is more actionable than a Living Will and is often used in emergency situations.
  • NYC Housing Application Form: This essential document allows individuals seeking public housing in New York City to express their interest in available units, ensuring they meet eligibility criteria based on income and family structure. For those looking to complete this form, you can find a comprehensive resource at nytemplates.com/blank-nyc-housing-application-template/.
  • Health Care Proxy: Similar to a Durable Power of Attorney, a Health Care Proxy allows you to appoint someone to make health care decisions for you. This document can be used in conjunction with a Living Will.
  • Do Not Intubate (DNI) Order: This order specifies that you do not want to be intubated if you cannot breathe on your own. It is similar to a DNR and can be part of your overall health care planning.
  • Organ Donation Registration: This document expresses your wishes regarding organ donation after death. It complements a Living Will by addressing your intentions beyond end-of-life care.
  • Personal Health Record (PHR): While not a legal document, a PHR keeps track of your medical history and treatment preferences. It can provide context for your Living Will and other health care directives.
  • End-of-Life Care Plan: This is a comprehensive plan that outlines your preferences for care during the final stages of life. It can include elements from a Living Will and other directives, ensuring your wishes are respected.

Understanding these documents can help you make informed decisions about your health care and ensure that your preferences are honored when it matters most.

Texas Living Will Example

Texas Living Will Template

This Texas Living Will is designed to allow you to make your healthcare preferences known in advance, in accordance with Texas law. It enables you to express your wishes regarding medical treatment in case you become unable to communicate.

Please fill in the blanks with your personal information as needed.

Living Will Declaration

Under the authority of Texas Health and Safety Code, Chapter 166, I, , residing at , willingly declare this Living Will.

1. I declare that if I am in a terminal condition or an irreversible condition, and if I am unable to communicate my wishes regarding medical treatment, I direct that:

  1. Life-sustaining treatment be withheld or withdrawn.
  2. I wish to receive comfort care and pain relief.

2. If I am diagnosed with a condition that will lead to my death within six months, I choose to:

  1. Have all life-prolonging procedures withheld.
  2. Receive only palliative care.

I understand that this Living Will takes effect when I am unable to communicate my healthcare decisions to my healthcare providers or family.

Designated Healthcare Proxy

If desired, I appoint , residing at , as my healthcare agent to make decisions on my behalf if I am unable to do so.

Signature

I have signed this document on .

Signature: ____________________________

Printed Name:

Witnesses

This declaration must be witnessed by two individuals who are not related to me or my healthcare agent. The witnesses must affirm:

  • That I am of sound mind.
  • That I am voluntarily signing this Living Will.

Witness 1: ____________________________

Witness 1 Printed Name:

Witness 2: ____________________________

Witness 2 Printed Name:

Understanding Texas Living Will

What is a Texas Living Will?

A Texas Living Will is a legal document that allows individuals to express their wishes regarding medical treatment in the event they become terminally ill or are in a persistent vegetative state. This document provides guidance to healthcare providers and family members about the types of life-sustaining treatments one wishes to receive or decline when they can no longer communicate their preferences.

Who can create a Living Will in Texas?

In Texas, any competent adult who is at least 18 years old can create a Living Will. It is important that the individual understands the implications of their decisions regarding medical treatment. Minors or individuals deemed mentally incompetent cannot execute a Living Will.

What should be included in a Texas Living Will?

A Texas Living Will should clearly outline the individual's preferences regarding life-sustaining treatments. This may include decisions about resuscitation, mechanical ventilation, tube feeding, and other forms of medical intervention. Additionally, it should include the individual's signature, date, and, if possible, the signatures of witnesses or a notary public to ensure its validity.

Is a Living Will the same as a Medical Power of Attorney?

No, a Living Will and a Medical Power of Attorney serve different purposes. While a Living Will specifies what medical treatments an individual does or does not want, a Medical Power of Attorney designates a person to make healthcare decisions on behalf of the individual if they are unable to do so. Both documents can complement each other in ensuring that one's healthcare wishes are respected.

Can a Living Will be revoked or changed?

Yes, an individual can revoke or change their Living Will at any time, as long as they are competent to do so. To revoke a Living Will, the individual should notify their healthcare provider and any relevant family members. It is advisable to create a new Living Will if changes are made to ensure that all parties are aware of the current wishes.

Do I need a lawyer to create a Living Will in Texas?

While it is not legally required to have a lawyer to create a Living Will in Texas, consulting with one can be beneficial. A lawyer can provide guidance on the legal requirements and help ensure that the document accurately reflects the individual's wishes and complies with state laws.

How is a Living Will used in a medical situation?

When a person becomes unable to communicate their healthcare preferences due to a medical condition, their Living Will serves as a critical guide for healthcare providers and family members. It outlines the individual's wishes regarding life-sustaining treatments, allowing medical staff to make informed decisions in line with those preferences. This can help alleviate the burden on family members during difficult times.

Are there any specific requirements for witnesses in Texas Living Wills?

Yes, Texas law requires that a Living Will be signed in the presence of two witnesses or acknowledged before a notary public. The witnesses must be at least 18 years old and cannot be related to the individual or entitled to any portion of the individual's estate. This helps ensure the authenticity of the document and the individual's intentions.

Where should I keep my Living Will?

It is important to keep the Living Will in a safe but accessible place. Individuals should inform their family members and healthcare providers about the location of the document. Additionally, it may be beneficial to carry a card in one's wallet indicating that a Living Will exists and where it can be found, ensuring that it is readily available in case of a medical emergency.

Dos and Don'ts

When filling out the Texas Living Will form, it's important to follow certain guidelines to ensure your wishes are clearly communicated. Here are ten things to consider:

  • Do read the entire form carefully before starting.
  • Don't rush through the process; take your time to think about your decisions.
  • Do discuss your wishes with family members and loved ones.
  • Don't use vague language; be specific about your preferences.
  • Do sign and date the form in the presence of a notary public or witnesses, as required.
  • Don't forget to keep a copy for yourself and provide copies to your healthcare provider.
  • Do review and update your Living Will as needed, especially after major life changes.
  • Don't assume that verbal instructions will be honored; written documentation is crucial.
  • Do consult with a legal professional if you have questions about the form.
  • Don't overlook the importance of clear communication with your healthcare team.