A living will is a legal document known as an advance health care directive (“advance directive“). In Texas, this document is sometimes referred to as a directive to physicians. You can use a living will to give instructions to family and medical providers about the treatments you would request or refuse in the event of a terminal or irreversible condition. Specifically, you will need to decide whether you would prefer that life-sustaining medical treatment be withdrawn under these circumstances.

If you ever become unable to give informed consent to your own medical choices, your health care professionals will then follow the instructions in your living will. It can be unpleasant to think about, but it may give you peace of mind to know that you have made your own choices on these possible treatments and eased the burden on family members should the worst happen. If you have trouble making these decisions, it may be helpful to discuss them with a trusted doctor or your loved ones.

In Texas, you have the option of choosing a trusted person to make health care decisions for you in case you ever become unable to make them for yourself. This person is commonly referred to as a health care agent, or a health care proxy. The document you use to make this designation is called a medical power of attorney or durable power of attorney for health care. The person you choose does not have to be an attorney. They should be someone you trust with broad authority over your treatment decisions.

A health care agent’s duty is to carry out the terms of your living will. For health care situations where you have not provided instructions, they must use their own judgment. They should make decisions that are in your best interest and that align with your values.

There are a few legal restrictions on your choice of health care agent. You may not choose:

• Your health care provider
• Your residential care provider
• An employee of your health care provider or your residential care provider unless this individual is related to you

When selecting your health care agent, you will need to consider whether you trust this person to be assertive with your family and doctors to advocate for your health care wishes. It’s also a good idea to choose someone who lives within close proximity so that they can be physically present when you need them.

Many people choose a close loved one such as a spouse, sibling, parent, or an adult child for this role. Before you commit to a health care agent, you should talk it over with the person you would like to designate. You need to be sure that they consent to this role, and that they understand and agree with your health care choices and wishes for end-of-life care.

According to the Texas Advance Directive Act, you must sign your living will in the presence of two competent adult witnesses or a notary public.

There are several legal restrictions on your choice of witnesses. At least one of the witnesses may not be:

• Related to you by blood or marriage
• Designated to make your health care decisions (such as a health care agent)
• Your attending physician or their employee
• Anyone who could receive an inheritance from you
• A health care provider at a facility where you receive treatment
• Anyone who could have a claim against your estate (such as a creditor)
• A director, partner, business office employee, or officer at your health care facility or its parent organization

Due to the above restrictions, you may need to ask friends, neighbors, or acquaintances to witness your Texas living will. Or you can fulfill the witnessing requirement by signing in front of a notary public instead.

After properly executing your advance directives, you need to make sure to distribute them to the people who may need them.

Your health care agent should have copies they can reference in case they need to carry out your wishes. You also need to give your advance directives to your health care providers so that they can enter them into your medical record. Finally, you should provide your advance directives to your close loved ones and place an extra copy in a secure place that they know about.

After you have completed your advance directives, you should review them from time to time. This will help to ensure that they continue to reflect your health care treatment preferences. A good rule of thumb is to review them every few years at least.

Certain major life situations may make you reconsider some of your choices sooner. The following events could cause you to rethink your advance directives:

• A long-distance move
• Marriage or divorce
• A change in diagnosis
• Advances in medical technology

Any of the above, or even a simple change of heart, may cause you to change your mind about your advance directives. You have the right to change or update your choices at any time you have the capacity to do so. Rest assured that if you create your living will through FindLaw, you can update it for any reason free of charge for a full year after purchase.