MAKE YOUR FREE Texas Advance Directive
What is a Texas Advance Directive?
The individual making an Advance Directive is known as the "principal," and the person or entity receiving permission to carry out the principal's wishes is known as the "agent." Suited for residents of Texas, this free Advance Directive can be used in Dallas County, Tarrant County, Harris County, and in all other parts of the state. Any Texas Advance Directive from Rocket Lawyer can be edited to address your specific scenario. Making this official legal document will provide verification of your decisions to healthcare providers, and it will certify that your agent has been authorized to act in your interest when you are not able.
When to use a Texas Advance Directive:
- You're making sure your loved ones aren't put in the position of making important end-of-life healthcare decisions for you.
- You're about to draft a complete estate plan, and want to make sure life-sustaining treatments are covered.
Sample Texas Advance Directive
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LIVING WILL
and
HEALTH CARE POWER OF ATTORNEY
DECLARATION
and
HEALTH CARE POWER OF ATTORNEY
(LIVING WILL)
(HEALTH CARE PROXY)
(LIVING WILL AND HEALTH CARE PROXY)
DECLARATION
and
HEALTH CARE PROXY
LIVING WILL
and
MEDICAL DURABLE POWER OF ATTORNEY
DOCUMENT CONCERNING WITHHOLDING OR WITHDRAWAL OF LIFE-SUPPORT SYSTEMS
HEALTH CARE INSTRUCTIONS
DOCUMENT CONCERNING THE APPOINTMENT OF A HEALTH CARE REPRESENTATIVE FOR HEALTH CARE DECISIONS
OF
DECLARATION
and
HEALTH CARE POWER OF ATTORNEY
LIVING WILL
and
DESIGNATION OF HEALTH CARE SURROGATE
DECLARATION
and
STATUTORY FORM
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
A LIVING WILL
A Directive to Withhold or to Provide Treatment
and
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
LIVING WILL DECLARATION
and
COMBINED DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND HEALTH CARE REPRESENTATIVE APPOINTMENT
DECLARATION
and
DESIGNATION OF ADVOCATE FOR HEALTH CARE DECISIONS
HEALTH CARE POWER OF ATTORNEY
DECLARATION OF A DESIRE FOR A NATURAL DEATH
and
HEALTH CARE POWER OF ATTORNEY
HEALTH CARE DIRECTIVE
and
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
ADVANCE HEALTH-CARE DIRECTIVE
INSTRUCTIONS FOR HEALTH CARE
and
HEALTH CARE POWER OF ATTORNEY
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
DECLARATION
HEALTH CARE PROXY OF
ADVANCE DIRECTIVE OF
LIVING WILL DECLARATION
and
HEALTH CARE POWER OF ATTORNEY
ADVANCE CARE PLAN
HEALTH CARE POWER OF ATTORNEY
LIVING WILL
ADVANCE DIRECTIVE
and
MEDICAL POWER OF ATTORNEY
HEALTH CARE DIRECTIVE
and
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
DECLARATION TO PHYSICIANS
(WISCONSIN LIVING WILL)
and
HEALTH CARE POWER OF ATTORNEY
LIVING WILL
AND
MEDICAL POWER OF ATTORNEY
I. LIVING WILLI. ADVANCE DIRECTIVEI. DECLARATIONI. DOCUMENT CONCERNING WITHHOLDING OR WITHDRAWAL OF LIFE SUPPORT SYSTEMSI. A LIVING WILL - A DIRECTIVE TO WITHHOLD OR TO PROVIDE TREATMENTI. LIVING WILL DECLARATIONI. HEALTH CARE INSTRUCTIONSI. DECLARATION OF A DESIRE FOR A NATURAL DEATHI. HEALTH CARE DIRECTIVEI. DECLARATION TO PHYSICIANS (WISCONSIN LIVING WILL)Declaration made this ______ day of ____________________, _____. I, , willfully and voluntarily make known my desire that my dying not be artificially prolonged under the circumstances set forth below, and I do hereby declare:This is an important legal document known as an advance directive. It 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. These wishes are usually based on personal values. In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained if you were seriously ill. You are encouraged to discuss your values and wishes with your family or chosen spokesperson, as well as your physician. Your physician, other health care providers, or medical institution may provide you with various resources to assist you in completing your advance directive. Brief definitions are listed below and may aid you in your discussions and advance planning. Initial the treatment choices that best reflect your personal preferences. Provide a copy of your directive to your physician, usual hospital, and family or spokesperson. Consider a periodic review of this document. By periodic review, you can best assure that the directive reflects your preferences. I, , being of sound mind, willfully and voluntarily make this Declaration for my care to be followed if I become unable to express my desires directly as a consequence of physical or mental incapacity or disability, regardless of whether this is caused by illness, accident, or other injury. This document is intended to direct all persons who are involved with my care including my relatives, physicians or personal representatives which I have appointed, or which hereafter may be appointed by the courts.
__________ (initial) I have a terminal condition
__________ (initial) or I have an irreversible condition
__________ (initial) or I am in a persistent vegetative state
AND if my attending or treating physician and another consulting physician have determined that there is no reasonable medical probability of my recovery from such condition, I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.
TO RECEIVE artificially administered nutrition and hydration (food and fluids).NOT TO RECEIVE artificially administered nutrition and hydration (food and fluids) procedures, except as deemed necessary to provide me with comfort care.However, if at any point it is determined that it is not possible that the fetus could develop to the point of live birth with continued application of life-prolonging procedures, it is my preference that this document be given effect at that point. If life-prolonging procedures will be physically harmful or unreasonably painful to me in a manner that cannot be alleviated by medication, I request that my desire for personal physical comfort be given consideration in determining whether this document shall be effective if I am pregnant. I have discussed these decisions with my physician and have also completed a Physician Orders for Scope of Treatment (POST) from that contains directions that may be more specific than, but are compatible with, this Directive. I hereby approve of those orders and incorporate them herein as if fully set forth. I have not completed a Physician Orders for Scope of Treatment (POST) form. If a POST form is later signed by my physician, then this living will shall be deemed modified to be compatible with the terms of the POST form.
I designate , who may be reached at , as my Primary Physician.
including but NOT including . unless I initial the following line:
(YOU MUST DATE AND SIGN THIS LIVING WILL AND DESIGNATION
(YOU MUST DATE AND SIGN THIS DESIGNATION
IN THE PRESENCE OF TWO WITNESSES)
I affirm that this Living Will and Designation is not being made as a condition of treatment or admission to a health care facility. I have read and understand the contents of this document and the effect of this grant of powers to my . I am emotionally and mentally competent to make this declaration.
I affirm that this Designation is not being made as a condition of treatment or admission to a health care facility. I have read and understand the contents of this document and the effect of this grant of powers to my . I am emotionally and mentally competent to make this declaration.
I designate , who may be reached at , as my Primary Physician.
We, the undersigned witnesses, state that in the presence of each other and we have witnessed the signing of this living will by . Further, at least one of us is not a spouse or blood relative of .
We, the undersigned witnesses, state that in the presence of each other and we have witnessed the signing of this Living Will and Designation by . I have not been appointed as 's or Alternate . At least one witness is not 's spouse nor blood relative.
I have not been appointed as 's or Alternate . At least one witness is not 's spouse nor blood relative.
Date: ______________________________
Date: ______________________________
The foregoing instrument was acknowledged before me this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , ________________________________, and ________________________________, who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, ______.
This instrument was acknowledged before me on this _____ day of ____________________, ______ by .
On this _____ day of ____________________, ______, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.
On this _____ day of ____________________, ______, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
_________________________________
My commission expires _____________
You should sign this document in the presence of a notary public. You should sign this document in the presence of two witnesses who then sign the document in your presence and in each other's presence. You should sign this document in the presence of a notary public and two witnesses who then sign the document in your presence and in each other's presence.(your Agent)
You should discuss the document and your wishes with any person you want to designate as an Agent before doing so to assure they agree to act on your behalf.
Texas Advance Directive FAQs
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How do I make an Advance Directive in Texas?
It is simple and easy to document your medical wishes with a free Texas Advance Directive template from Rocket Lawyer:
- Make the document - Provide a few basic details, and we will do the rest
- Send or share it - Discuss your wishes with your healthcare agent(s) or get legal advice
- Sign it and make it legal - Optional or not, witnesses and notarization are ideal
This method, in many cases, will end up being notably less expensive and less time-consuming than finding and working with a traditional provider. If necessary, you can fill out an Advance Directive on behalf of your spouse, an elderly parent, or another relative, and then help them sign when ready. Please note that for an Advance Directive to be considered legally valid, the principal must be mentally competent at the time of signing. In the event that the principal has already been declared incompetent, a court-appointed conservatorship generally will be necessary. When facing this situation, it would be a good idea to connect with a lawyer .
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Who should make an Advance Directive?
Anyone who is over 18 years old ought to have an Advance Healthcare Directive (both a Living Will and a Healthcare Power of Attorney) in place. Though it may be challenging to acknowledge, there could come a time when you can no longer make your own healthcare decisions. Here are some common circumstances in which you may find it useful to make or update your Advance Directive:
- You are planning to undergo a medical procedure that requires anesthesia
- You are aging or have declining health
- You have been diagnosed with a terminal condition
- You are preparing to live in a care facility
Whether your Texas Advance Directive is being drafted as part of a forward-looking plan or produced in response to a recent change in your health, notarization and/or witnesses will often help to protect your document if anyone questions its credibility. Please note that Advance Directives in the form of a Living Will are not valid during pregnancy in Texas.
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Do I need a lawyer to review my Advance Directive in Texas?
Making an Advance Directive is usually easy to do; however, you or your agent might need advice. Depending on whom you contact, some lawyers will not even agree to review your document if they did not write it. A better approach would be to request help from the Rocket Lawyer On Call® network. With a Premium membership, you will be able to ask for guidance from an experienced attorney or pose other legal questions about your Advance Directive. As always, we are here for you.
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How much might I usually pay for an attorney to help me make an Advance Directive in Texas?
The fees associated with finding and working with a legal provider to write an Advance Directive might total between two hundred and one thousand dollars. Rocket Lawyer is not your average Advance Directive template provider. With our service, anyone under a Premium membership has access to up to a 40% discount when hiring an attorney.
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What should I do after I have drafted my Texas Advance Directive?
Upon finishing this customized Advance Directive on Rocket Lawyer, you will be able to retrieve it from your account anytime, anywhere. As a Rocket Lawyer member, you may make edits, download it in PDF format or as a Word file, print it, and/or sign it. Alongside your Texas Advance Directive, you will find a series of next steps you can take to finalize your document. You should give a copy of the fully signed document to your agent(s), care providers, and other impacted parties.
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Does an Advance Directive need to be notarized or witnessed in Texas?
The requirements and restrictions for Advance Directives will be different by state; however, in Texas, your Advance Directive requires the signatures of two witnesses or a notary public. No more than one witness to your Advance Directive form can be your attending physician or any other healthcare facility employee who is providing direct care to you or is a business administrator of the facility or its parent organization. In addition, only one witness can be a relative (including your spouse, adoptees, or family members), heir, or beneficiary. As a general principle, witnesses will need to be over 18 years old, and no witness should simultaneously be designated as your healthcare agent.
