Everything You Should Know About an Advance Directive in Texas

Advance Health Care Directive Everything You Should Know About an Advance Directive in Texas

The Ins and Outs of an Advance Directive in Texas

While mulling over possible scenarios for when you are in a near-death situation is not thrilling, it could save your life.

You should make decisions about your health care in advance and put them in writing in a medical power of attorney, living will, and an advance directive in Texas.

This article explains what these documents should contain and how you can prepare them hassle-free.

What Is a Texas Advance Directive?

An advance directive in Texas is a legal document that lets you provide instructions for your health care provider in advance in case:

  • You cannot communicate your wishes regarding medical treatments for yourself
  • Someone else needs to make health care decisions for you

Advance Directive Forms in Texas

Texas law provides the following advance directive forms:

Texas Advance Directive FormSpecifics
Directive to physicians and family or surrogatesThis document is also called a Texas living form that you should produce to specify your wishes regarding health care treatments in case you cannot communicate them for yourself because you:

  1. Have a terminal or irreversible disease
  2. Have been in a coma or vegetative state for an extended time
A Medical power of attorneyA Texas medical power of attorney lets you choose a person—a health care agent—to make medical decisions on your behalf if you are unable to make them yourself.

This form can also be referred to as a:

  1. Health care power of attorney
  2. Durable power of attorney for health care
  3. Health care proxy—Some U.S. states make a difference between a medical POA and health care proxy
Out-of-hospital do-not-resuscitate (DNR) orderFor this form to be valid, it needs to:

  • Comply with the rules of the Texas Department of Health
  • Be signed by a doctor
Mental health treatment declarationAccording to the law, if you sign this form, your health care agent cannot consent to the following:

  • Voluntary inpatient mental health services
  • Abortion
  • Psychosurgery
  • Convulsive treatment

Who Can Act as a Health Care Agent in an Advance Directive in Texas

You should select a reliable and trustworthy person for your health care agent since that person will be in charge of your medical care when you cannot do it yourself.

Your agent should be someone who understands your medical wishes and is willing to honor them if the time comes. You could turn to someone near you, including your:

  • Close friend
  • Spouse
  • Parent
  • Relative
  • Adult child
  • Spiritual guide

Keep in mind that—according to Texas law—you cannot appoint the following to serve as your health care agent:

  1. Your health care provider or their employee
  2. Your residential care provider or their employee

If an employee of your health care or residential care provider is your relative, they can serve as your health care agent.

How To Draft an Advance Directive Form in Texas

If you are not sure how to prepare an advance directive in Texas, here are available options for you to consider:

  1. Get in touch with a lawyer—While any lawyer can draft this form for you, there is no need to pay substantial attorney fees for an advance directive
  2. Find an online template—You could go through different online forms and check whether they suit your specific situation. Keep in mind that you should inspect available templates carefully since some might not fit the legal requirements and your wishes
  3. Register for DoNotPay—You should use our robot lawyer since we will ensure your medical preferences comply with the legal framework

Use DoNotPay for an Effective Advance Directive

Once you think everything through and consult with people you care about, you should turn to DoNotPay to create an advance directive.

Our AI-powered app is at your disposal 24/7 and can generate the document for you in a matter of minutes!

The process is smooth—Subscribe to DoNotPay and take these steps:

  1. Access the Advance Health Care Directive product
  2. Provide your medical wishes and the name of your agent
  3. Indicate the powers you have decided to grant the agent
  4. Enter the names of your witnesses or get the document notarized quickly

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