![Texas Advance Directive Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fadvance-directive-general.png&w=3840&q=75)
The Texas advance directive form is an important document in advance care planning that outlines a person's medical wishes in case they are incapable of making decisions on their own.
This form can include a living will, medical power of attorney, or an out-of-hospital DNR order. In other words, individuals can specify instructions for administering or withholding life-sustaining treatments, appoint decision-makers, and ensure their preferences are respected.
So, by completing this form, individuals safeguard their medical choices and ease decision-making for loved ones.
Signing Requirements for Texas Advance Health Care Directive
As stated in Section 166.154 and Section 166.003 of the Texas Health and Safety Code, the signing of a healthcare advance directive, including a medical power of attorney (also referred to as durable power of attorney for health care), requires the following specific procedures to ensure its validity:
Instead of signing in front of witnesses, the princ
Signing Requirements for Texas
The principal must sign the document in the presence of two qualified witnesses.
These witnesses must be competent adults.
Still, they cannot be individuals directly involved in the principal's care or ones that have a potential interest in the principal's estate, including:
A person designated by the principal to make health care decisions
A family member (by blood or marriage)
Someone who stands to inherit from the principal's estate
The attending physician or their employees
Employees of a health care facility where the principal receives care if they provide direct care or hold certain positions, such as doctors, nurses, or physician assistants.
Someone with a claim against the principal's estate
ipal may sign the document before a notary public.
Additionally, if the principal is physically unable to sign the document, another person can sign it on their behalf in the principal's presence and at the principal's direction.
Texas Advance Health Care Directive Revocation & Changing
Texas advance directive becomes effective when the declarant becomes unable to make their own health care decisions due to incapacity. This determination is typically made by the attending physician and may require a second physician’s confirmation.
According to Section 166.042, the declarant can revoke the health care advance directive at any time, regardless of their mental state. Revocation can be done in three ways, such as by:
Texas Advance Health Care Directive Revocation & Changing
The principal physically destroying it
The principal drafting a signed and dated written statement expressing the intent to revoke the advance directive
The principal verbally stating the intent to revoke the document
For written or oral revocations, the attending physician must be notified. The physician records the revocation in the medical record and marks the directive as “VOID”.
Additional Legal Considerations for Texas Advance Health Care Directive
According to Section 166.005, an advance directive for health care from other states or jurisdictions is recognized and treated the same as those made under Texas law as long as they were validly created in their original location.
As stated in Section 166.006, having an advance directive does not affect a person’s ability to get or keep a life insurance policy, nor does it change the terms of an existing policy. Additionally, whether someone has an advance directive or not cannot be used to decide their insurance premiums.
Section 166.008 specifies that if there are conflicting advance directives or treatment decisions, the one that was made or signed most recently will take precedence and be followed.
How to Choose a Health Care Agent in Texas
Choosing a Texas health care proxy involves selecting someone you trust to make medical decisions on your behalf if you’re unable to do so. The agent must be an adult (18 years old or older) and cannot be your health care provider or an employee of a facility where you’re being treated unless you are a relative.
Consider someone who understands your values, communicates effectively with medical professionals, and can handle tough decisions under pressure. Ensure they agree to take on the role and understand your health care preferences.
What Happens if You Don’t Have an Advance Directive in Texas?
Without an advance directive in Texas, your medical wishes may not be honored if you become unable to make decisions for yourself. In such cases, your family members or close friends will decide what they believe is best for you.
While well-intentioned, their choices might not reflect your true preferences, as there will be no written guidance to follow. Planning ahead by completing an advance directive ensures your wishes are clear and relieves your loved one of difficult decisions.