Texas Will & TrustTexas Will & Trust

Healthcare

Texas Directive to Physicians (Living Will)

A Directive to Physicians and Family or Surrogates — often called a living will — lets you state treatment preferences if you have a terminal condition or irreversible condition and cannot speak for yourself.

Last updated

Start this document

Key facts

Also called
A living will — the Texas statutory name is Directive to Physicians and Family or Surrogates.
When it applies
Terminal or irreversible condition, and you cannot participate in decisions.
What it is not
Not a general medical-history form and not a standing order for every hospitalization.
Pair it with
A Medical Power of Attorney (who decides) and a HIPAA release (who can see the chart).

How to prepare a Texas Directive to Physicians (Living Will)

  1. 1

    State your treatment wishes

    The statutory form focuses on life-sustaining treatment when you cannot participate and your condition is terminal or irreversible.

  2. 2

    Name spokespersons if you do not already have a medical POA

    If you already have a Medical Power of Attorney, that agent is usually the decision-maker, guided by this directive.

  3. 3

    Generate, sign, and deliver copies

    Download the Word document, sign it under the form’s rules, and give copies to your physician and spokesperson. An unsigned draft does not speak for you.

What the Texas directive covers

The statutory form focuses on life-sustaining treatment when you cannot participate in decisions and your condition is terminal or irreversible. It is not a general medical-history form, and it is not instructions for every possible illness.

If you have not signed a Medical Power of Attorney, the directive also lets you name health care spokespersons. If you already have a medical POA, the agent named there is usually the decision-maker, guided by this directive.

How to use it with other documents

Complete a Medical Power of Attorney and a HIPAA release at the same time so someone can obtain records and act. Give signed copies to your physician and your spokesperson. An unsigned draft in an email does not speak for you.

This is not medical advice or legal advice. If you have specific treatment beliefs, a Texas attorney or your physician can help you make sure the form matches them.

Frequently asked questions

Is a Directive to Physicians the same as a Medical Power of Attorney?
No. The directive records certain end-of-life treatment wishes. The medical POA names a person to make health care decisions when you cannot. Use both.
Does a living will apply if I have a treatable illness?
The Texas statutory directive is written for terminal or irreversible conditions as those terms are used in the form. It is not a standing order for every hospitalization.
Can I change my directive later?
Yes. Sign a new directive and give it to your doctor and family. Destroy or mark old copies as revoked so they are not used by mistake.
Do I still need a HIPAA release if I have a living will?
Yes. The directive states wishes. A HIPAA release is what lets family or an agent obtain records so those wishes can actually be followed.

Sources

Related Texas documents

  • Texas Medical Power of Attorney

    Appoint a Texas health care agent with a Medical Power of Attorney. Learn when the agent can act, how it fits a living will, and prepare the form online.

  • Texas HIPAA Release (Individual)

    Authorize Texas health care providers to share your medical information with people you name. Prepare an individual HIPAA release online and keep it with your medical POA.

  • Texas Last Will and Testament

    Create a Texas Last Will and Testament online. Learn the 2-witness signing rules, self-proving affidavits, and what a will does — then generate an attorney-reviewed Word document.

Ready to prepare this document?

Answer guided questions and generate a Word file from an attorney-reviewed Texas Will & Trust template. Review it before you sign.

Start the questionnaire

Texas Will & Trust provides document preparation software and is not a law firm. Nothing on this page is legal advice. Texas execution requirements (witnesses, notarization, and recording) still apply after you generate a file.