Guidelines and Laws
The Texas statutes (Section 166.002) define the meaning of the Texas living will as an instruction for managing medical treatment when a person is incapable of making any decisions. These instructions can be devoted to the necessity of applying resuscitate procedures, artificial nutrition, donor aspects, and other features of medical treatment. Moreover, the patient can state their religious beliefs, and medical staff will need to organize treatment according to them.
Texas Living Will Requirements
There are limitations in the process of completing the Texas living will. First of all, the person signing the document should fulfill the following requirements:
- Be able to make decisions (of sound mind)
- Be over 18 years old
- Make decisions out of free will.
After signing the form, you have to inform your physician about it, and all medical workers should comply with the conditions described in the directive. In situations when a physician does not agree to perform any of the statements in your living will, you can change a physician. It is the responsibility of a doctor to transfer your (the patient’s) care to another physician in such situations. The physician cannot persuade you to change the directive or cancel it.
Texas Living Will Signing Requirements
According to section 166.003 of Texas statutes, the signing procedure should be held in the presence of at least two witnesses or notary public. Furthermore, there are special requirements for witnesses. Therefore, not every person can become a witness for your living will.
For a living will form to be valid, any person described below MUST NOT be a witness:
- A beneficiary of the patient based on the last will
- Medical workers, including physicians
- Relative or anyone related to the patient
- Agent of the patient.
You have to find witnesses not in any way related to you—anyone who cannot benefit from your death. Otherwise, the courts can consider your living will form invalid, and medical workers will be allowed to choose the right medical treatment for you.
Changes and Revocation of Texas Living Will
You as a patient can change the statements in the living will at any moment when you are still of sound mind. However, to modify or revoke the Texas living will, the medical workers should be aware of all instructions and the changes to apply proper treatment.