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Living Will


Living Will: Directive to Physicians and Family or Surrogates, Directives to Physicians

What is a Living Will?

The Texas legislature authorized the content of a directive to physicians and family or surrogates (formerly called a directives to physicians).  It is commonly called a living will.  A living will is commonly defined as a document where an individual designates someone as their legal representative to make decisions relating to life-support if the individual is unable to make decisions for themselves.  The purpose of a living will is to permit a terminally ill individual die in dignity.

What should I know about a Living Will in Texas?

Although the purpose of the Texas living will is commendable, the Texas form is difficult to understand (for example, it divides medical conditions into two major categories: "irreversible conditions" and "terminal conditions").

Generally, if you do not want your medical power of attorney agent to make life sustaining treatment decisions for you, you should sign a directive to physicians and family or surrogates.

But if you do want your medical power of attorney agent to make life sustaining treatment decisions for you, and if you don’t understand the Texas statutory form, a directive to physicians and family or surrogates may not be essential, and you may rely on the authority you grant your agent in the medical power of attorney.

What are the alternatives to the traditional Living Wills?

Sometimes clients fundamentally disagree entirely with the concept or purposes behind living wills.  In fact there are prominent nonprofit organizations which publish their own thoughtful counter-response to the end of life declaration found in living wills, with their own right to life declarations.  If you do not agree with the purposes behind living wills, you may need to sign a directive to physicians and family or surrogates checking the appropriate paragraphs which express your choice.  And you may also want to secure an appropriate right to life declaration to express your beliefs.

I regularly assist clients in the preparation of directive to physicians and family or surrogates (formerly called a directives to physicians), and other estate planning documents.
 

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