How to Create a Healthcare Directive in Texas
What Is a Healthcare Directive in Texas?
A legal document that specifies your wishes for medical treatment if you become unable to communicate your decisions.
In Texas, this document is officially known as a Directive to Physicians and Medical Power of Attorney and is governed by Texas Health & Safety Code Chapter 166; Texas Civil Practice & Remedies Code Chapter 135.
Texas Requirements
| Requirement | Details |
|---|---|
| Minimum Age | 18 years old |
| Witnesses Required | 2 — Two witnesses must sign the directive. Witnesses cannot be the designated agent, a person related by blood or marriage, someone entitled to the estate, the attending physician, or an employee of the healthcare facility. |
| Notarization | Not required — Notarization is not required for the directive to physicians but is required for the medical power of attorney. |
| Self-Proving Affidavit | Not applicable to healthcare directives. |
| Holographic (Handwritten) | Not allowed — Healthcare directives must follow statutory form requirements. |
| Governing Statute | Texas Health & Safety Code Chapter 166; Texas Civil Practice & Remedies Code Chapter 135 |
How to Create a Healthcare Directive in Texas: Step by Step
- 1
Understand the two documents
Texas uses two separate documents: a Directive to Physicians (living will) and a Medical Power of Attorney. You should complete both.
- 2
Choose your medical agent
Select someone to make healthcare decisions on your behalf. This person will serve under your Medical Power of Attorney.
- 3
Specify your treatment preferences
In the Directive to Physicians, state your wishes about life-sustaining treatment, artificial nutrition/hydration, and other interventions.
- 4
Complete the statutory forms
Texas provides statutory forms for both documents. Using these forms ensures compliance with state law.
- 5
Sign with required formalities
Sign the Directive to Physicians before two witnesses. Sign the Medical Power of Attorney before a notary. Follow all witness disqualification rules.
- 6
Distribute copies
Give copies to your agent, primary care doctor, hospital, and close family members. Keep the original accessible.
Healthcare Directive Costs in Texas
What you can expect to pay for a healthcare directive in Texas, depending on how you create it.
Common Mistakes When Creating a Healthcare Directive in Texas
Only completing one of the two documents
Texas separates the living will (Directive to Physicians) from the Medical Power of Attorney. You need both for comprehensive coverage.
Using disqualified witnesses
Texas has strict witness disqualification rules. Your witnesses cannot be related to you, entitled to your estate, or employed by your healthcare facility.
Texas-Specific Considerations
- •Texas uses two separate documents rather than a combined advance directive — a Directive to Physicians and a Medical Power of Attorney.
- •The Out-of-Hospital DNR (Do Not Resuscitate) order is a third document for patients who want to refuse resuscitation outside a hospital setting.
- •Texas law includes a controversial 10-day rule (Health & Safety Code § 166.046) that allows hospitals to withdraw life-sustaining treatment over family objections after a 10-day waiting period.
Create Your Healthcare Directive for Texas
Document your medical wishes clearly so your loved ones and doctors know exactly what you want.
Create Your Healthcare DirectiveFrequently Asked Questions About Healthcare Directive in Texas
- What is the difference between a Directive to Physicians and a Medical Power of Attorney?
- A Directive to Physicians states your wishes about life-sustaining treatment. A Medical Power of Attorney designates someone to make healthcare decisions for you. Together, they provide comprehensive coverage.
- Can I use a standard advance directive form in Texas?
- Texas provides specific statutory forms. While other forms may be accepted, using the Texas statutory forms ensures compliance with state law and avoids potential challenges.
- What is the Texas 10-day rule?
- Under Health & Safety Code § 166.046, if a hospital ethics committee agrees that life-sustaining treatment is inappropriate, the hospital must give the family 10 days to transfer the patient before treatment can be withdrawn.