What does Texas require for their advance directive or living will?

Overview: In Texas you must fill out two separate forms to have a complete Advance Directive: A Living Will called a "Directive to Physicians and Family or Surrogates" and a "Medical Power of Attorney" (a.k.a. Health Care Proxy).

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Texas Statutory Directive to Physicians and Family or Surrogates...

Texas Statutory Directive to Physicians and Family or Surrogates includes Living Will provisions

Name: Texas Statutory Directive to Physicians and Family or Surrogates includes Living Will provisions
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.7 (286 reviews)

Category:

Power of Attorney - Healthcare - Living Wills

State:

Texas

Control #:

TX-P021

Format:

Instant download

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Description Directive Will Form

This form is provided in the Texas Health and Safety Code and is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. A competent adult may at any time execute a written directive. The directive must be signed by the principal in the presence of two witnesses (who must themselves sign the document). A declarant may include directions in a directive other than those provided in the statutes and may designate a person to make a treatment decision for the declarant in the event the declarant becomes incompetent or otherwise mentally or physically incapable of communication.

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Directive To Physicians And Family Or Surrogates Form popularity

Directive Physicians Surrogates Other Form Names

Directive Living Will Template Statutory Living Will Physicians Family Surrogates Directive Physicians Family Texas Directive Physicians Form Statutory Living Will Form Directive Physicians Document

Texas Directive Physicians FAQ

A living will is a vital part of the estate plan.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.

An advance directive is a set of instructions someone prepares in advance of ill health that determines his healthcare wishes. A living will is one type of advance directive that becomes effective when a person is terminally ill.

Not necessarily. A doctor is not required to be involved in this process. However, it may be wise to ask your doctor his or her feelings about honoring your Living Will and ask about the policy on Living Wills at the hospital where he or she practices.

An advance health care directive or AHCD (otherwise known as a living will, personal directive, or medical directive) is a document that instructs others about your medical care should you be unable to make decisions on your own.

Overview: In Texas you must fill out two separate forms to have a complete Advance Directive: A Living Will called a "Directive to Physicians and Family or Surrogates" and a "Medical Power of Attorney" (a.k.a. Health Care Proxy).

An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or

The law requires that you sign your advance directive, or direct another to sign it, in the presence of two adult witnesses, who must also sign the document.

A living will is a type of an advance directive. It is also a written document outlining your wishes for your health, to be followed if you cannot make decisions or express your wishes. It typically focuses on situations where you are terminally ill, and explains whether you would wish life-sustaining efforts be made.

Advance directives generally fall into three categories: living will, power of attorney and health care proxy. LIVING WILL: This is a written document that specifies what types of medical treatment are desired.

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Statutory Directive to Physicians and Family or Surrogates includes Living Will provisions

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE APPLICABLE TEXAS CODE

DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES

(Texas Health and Safety Code)

General information (§ 166.031)

A "directive" is an instruction to administer, withhold, or withdraw life sustaining treatment in the event of a terminal or irreversible condition.

A "qualified patient" is a patient with a terminal or irreversible condition that has been diagnosed and certified in writing by the attending physician.

Execution and Witnesses (§ 166.032, 166.003)

A competent adult may at any time execute a written directive. The directive must be signed by the principal in the presence of two witnesses (who must themselves sign the document) who qualify as follows:

each witness must be a competent adult; and

at least one of the witnesses must be a person who is not:

a person designated by the declarant to make a treatment decision;

a person related to the declarant by blood or marriage;

a person entitled to any part of the declarant's estate after the declarant's death under a will or codicil executed by the declarant or by operation of law;

the attending physician;

an employee of the attending physician;

an employee of a health care facility in which the declarant is a patient if the employee is providing direct patient care to the declarant or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or

a person who, at the time the written advance directive is executed or, if the directive is a non-written directive issued under this chapter, at the time the non-written directive is issued, has a claim against any part of the declarant's estate after the declarant's death.

A declarant may include directions in a directive other than those provided in the statutes and may designate a person to make a treatment decision for the declarant in the event the declarant becomes incompetent or otherwise mentally or physically incapable of communication.

A declarant must notify the attending physician of the existence of a written directive.

If the declarant is incompetent or otherwise mentally or physically incapable of communication, another person may notify the attending physician of the existence of the written directive. The attending physician must make a directive a part of the declarant's medical record.

Form of Written Directive (§ 166.033)

A written directive may be in the statutory form.

Patient Desire Supersedes Directive (§ 166.037)

The desire of a qualified patient, including a qualified patient younger than 18 years of age, supersedes the effect of a directive.

Duration of Directive (§ 166.04)

A directive is effective until it is revoked as prescribed by statute.

Revocation of Directive (§ 166.042)

A declarant may revoke a directive at any time without regard to the declarant's mental state or competency. A directive may be revoked by:

the declarant or someone in the declarant's presence and at the declarant's direction canceling, defacing, obliterating, burning, tearing, or otherwise destroying the directive;

the declarant signing and dating a written revocation that expresses the declarant's intent to revoke the directive; or

the declarant orally stating the declarant's intent to revoke the directive.

A written revocation takes effect only when the declarant or a person acting on behalf of the declarant notifies the attending physician of its existence or mails the revocation to the attending physician. The attending physician or the physician's designee must record in the patient's medical record the time and date when the physician received notice of the written revocation and must enter the word "VOID" on each page of the copy of the directive in the patient's medical record.

An oral revocation takes effect only when the declarant or a person acting on behalf of the declarant notifies the attending physician of the revocation. The attending physician or the physician's designee must record in the patient's medical record the time, date, and place of the revocation, and, if different, the time, date, and place that the physician received notice of the revocation. The attending physician or the physician's designees must also enter the word "VOID" on each page of the copy of the directive in the patient's medical record.

Except as otherwise provided, a person is not civilly or criminally liable for failure to act on a revocation made under this section unless the person has actual knowledge of the revocation.

Statutory Directive to Physicians and Family or Surrogates includes Living Will provisions

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE APPLICABLE TEXAS CODE

DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES

(Texas Health and Safety Code)

General information (§ 166.031)

A "directive" is an instruction to administer, withhold, or withdraw life sustaining treatment in the event of a terminal or irreversible condition.

A "qualified patient" is a patient with a terminal or irreversible condition that has been diagnosed and certified in writing by the attending physician.

Execution and Witnesses (§ 166.032, 166.003)

each witness must be a competent adult; and

at least one of the witnesses must be a person who is not:

a person designated by the declarant to make a treatment decision;

a person related to the declarant by blood or marriage;

a person entitled to any part of the declarant's estate after the declarant's death under a will or codicil executed by the declarant or by operation of law;

the attending physician;

an employee of the attending physician;

an employee of a health care facility in which the declarant is a patient if the employee is providing direct patient care to the declarant or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or

a person who, at the time the written advance directive is executed or, if the directive is a non-written directive issued under this chapter, at the time the non-written directive is issued, has a claim against any part of the declarant's estate after the declarant's death.

A declarant must notify the attending physician of the existence of a written directive.

Form of Written Directive (§ 166.033)

A written directive may be in the statutory form.

Patient Desire Supersedes Directive (§ 166.037)

The desire of a qualified patient, including a qualified patient younger than 18 years of age, supersedes the effect of a directive.

Duration of Directive (§ 166.04)

A directive is effective until it is revoked as prescribed by statute.

Revocation of Directive (§ 166.042)

A declarant may revoke a directive at any time without regard to the declarant's mental state or competency. A directive may be revoked by:

the declarant or someone in the declarant's presence and at the declarant's direction canceling, defacing, obliterating, burning, tearing, or otherwise destroying the directive;

the declarant signing and dating a written revocation that expresses the declarant's intent to revoke the directive; or

the declarant orally stating the declarant's intent to revoke the directive.

Except as otherwise provided, a person is not civilly or criminally liable for failure to act on a revocation made under this section unless the person has actual knowledge of the revocation.

Texas Statutory Directive to Physicians and Family or Surrogates includes Living Will provisions

Description Directive Will Form

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