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 preferences. This directive comes into play if the individual has a terminal or irreversible condition, as certified by a physician. Texas law requires the living will to be in writing, signed by the declarant, and either notarized or signed by two competent adult witnesses. The Texas Health and Safety Code, specifically chapters 166.031 through 166.052, outlines the regulations for Advance Directives. Additionally, Texas recognizes Out-of-Hospital Do Not Resuscitate (DNR) orders, which are separate from the living will and instruct emergency medical personnel not to perform life-sustaining treatments like CPR if the patient's heart stops or they stop breathing. It's important for individuals to understand these documents and ensure they are properly executed according to Texas law to ensure their healthcare wishes are followed.
