{"id":376640,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-living-wills-laws.html"},"modified":"2026-06-16T13:47:36","modified_gmt":"2026-06-16T18:47:36","slug":"texas-living-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-living-wills-laws.html","title":{"rendered":"Texas Living Wills Laws"},"content":{"rendered":"\n
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Texas Living Wills Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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A Texas <\/span>living will<\/span> is a legal document<\/span> that specifies your preference for medical treatment<\/span> if you become terminally ill<\/span> or permanently unconscious. Also known as a Directive to Physicians<\/span>, it helps doctors and family members<\/span> honor your end-of-life wishes regarding life-sustaining care.<\/p>\n\n <\/div>\n\n\n\n

Many Texans have heard of a living will<\/span>, but may not be sure if they need one. A living will<\/span> is sometimes confused with a last will and testament. Your last will and testament is the legal document<\/span> that expresses how you want your property distributed after your death. A living will<\/span><\/a> is the legal document<\/span> that expresses how you want your healthcare<\/span> decisions<\/span> made if you are terminally ill<\/span> or in a persistent vegetative state. These scenarios are difficult to think about, but it\u2019s a good idea to take charge of your future and provide your family members<\/span> and loved ones<\/span> with your guidance.<\/p>\n

What is commonly known as a living will<\/span> is referred to as a \u201cDirective to Physicians<\/span> and Family or Surrogates\u201d in the Texas statutes. For purposes of this article, we\u2019ll use \u201cliving will<\/span>,\u201d which is the more commonly used term.<\/p>\n

A living will<\/span> can be a part of your comprehensive estate plan<\/span><\/a>. If you\u2019re not ready to take on the task of full-blown estate planning<\/span>, a living will<\/span> is also effective as a stand-alone document. This article provides a general overview of the legal requirements for making a\u00a0living will<\/span>\u00a0in Texas, the potential limits of a\u00a0living will<\/span>, and your options for creating one.<\/p>\n

Requirements To Make and To Revoke a Living Will<\/span> in Texas<\/h2>\n

The laws governing living wills<\/span> are found in the Texas Health<\/span> and Safety Code<\/span><\/a>. The Advance Directives<\/span> Act<\/a> establishes specific requirements for making a valid living will<\/span>, as well as several ways you can override your living will<\/span>.<\/p>\n

Making a Valid Living Will<\/span><\/h3>\n

A living will<\/span> must meet these requirements to be valid under Texas law<\/span>:<\/p>\n