A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Texas, a living will is known as a Directive to Physicians and Family or Surrogates. It is a legal document that allows an individual to specify their wishes regarding medical treatment in the event that they become incapacitated and are unable to communicate their decisions. Under Texas law, specifically the Texas Health and Safety Code, an individual can use this directive to instruct health care providers to administer, withhold, or withdraw life-sustaining treatment if they are in a terminal or irreversible condition. The directive becomes effective only when the individual is diagnosed as being in such a condition by a physician. Texas law also recognizes Out-of-Hospital Do Not Resuscitate (DNR) orders, which instruct emergency medical personnel not to perform cardiopulmonary resuscitation (CPR) if the patient's heart stops beating or they stop breathing. It's important for individuals to discuss their wishes with their family, physicians, and an attorney to ensure that their health care directives are clear and will be followed according to their preferences.
