Texas Living Will Requirements
Based on Texas Health & Safety Code Chapter 166
Quick Summary
- Document type: Directive to Physicians and Family or Surrogates
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Texas requires 2 witnesses who are present when you sign your directive to physicians and family or surrogates. Witnesses have the following restrictions:
Witness restrictions:
- At least one witness cannot be a person designated to make healthcare decisions for the declarant
- At least one witness cannot be related to the declarant by blood or marriage
- At least one witness cannot be entitled to any part of the declarant's estate after death
- At least one witness cannot be the attending physician or an employee of the attending physician
- At least one witness cannot be an employee of a health care facility providing direct patient care or an officer, director, partner, or business office employee of the facility
- At least one witness cannot have a claim against any part of the declarant's estate after death
When Your Living Will Takes Effect
Your Texas living will becomes effective when the following conditions are met:
Terminal Illness
An incurable condition caused by injury, disease, or illness that according to reasonable medical judgment will produce death within six months, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care.
Persistent Vegetative State
Texas does not use "persistent vegetative state" as a standalone triggering condition. Instead, it uses the broader concept of "irreversible condition," which can encompass persistent vegetative states.
Irreversible Condition
A condition, injury, or illness that may be treated but is never cured or eliminated; that leaves a person unable to care for or make decisions for themselves; and that, without life-sustaining treatment, is fatal.
Important Notes for Texas
- Texas follows the Advance Directives Act (Health and Safety Code Chapter 166)
- Texas has separate documents: the Directive to Physicians (living will) and the Medical Power of Attorney
- Notarization may be used as an alternative to the two-witness requirement
- Texas uses two triggering conditions: terminal condition and irreversible condition (no separate PVS category)
- Section 166.046 establishes a process for when a physician disagrees with a directive (the "10-day rule")
- Patients receiving hospice services are presumed to have a terminal condition
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.