By the Estate Planning Attorneys at Garg & Associates, PC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

Directives to Physicians

A Directive to Physicians, sometimes called a “Living Will,” is a legal instrument through which you may make your wishes known with regard to artificial life support. In the event of a terminal condition, you will relieve your loved ones of a significant burden by executing a Directive pre-designating your feelings toward artificial life sustaining measures. In order for a Directive to be valid, its creator must be at least 18, be of sound mind, create the document of his or her own free will and accord, and sign the document before two witnesses.

A Directive to Physicians is much more limited in scope than a Medical Power of Attorney, in that it is limited only to the topic of life support. The Directive allows its maker to memorialize his or her feelings toward withdrawing artificial life sustaining procedures if he or she is faced with a terminal or irreversible condition. It does not appoint an agent to make broader medical decisions on the maker’s behalf.

It is important to note the terms “terminal condition” and “irreversible condition” with regard to your Directive to Physicians, as the Texas legislature made changes to Code relating to Directives in 1999. It should be noted that the form no longer simply directs the withdrawal of life support when the moment of death is near and life support would merely artificially prolong that moment of death. Since the 1999 changes, you must now specifically designate your life support wishes with respect to two distinct situations—that of a “terminal condition” and that of an “irreversible condition.” The statute, and thus the distinction, can be difficult to grasp, and therefore should be thoroughly discussed with your Estate Planning attorney and/or your physician.

A Directive becomes valid on the date it is executed, and remains in effect until it is revoked. However, even after validly executing a Directive, you may override your own decision and personally communicate a contrary desire regarding artificial life sustaining measures to your physicians.

 Texas law regarding Directives to Physicians should be thoroughly understood and discussed prior to executing this document. It therefore very important to seek competent legal advice from the qualified Estate Planning attorneys at Garg & Associates prior to drafting or signing a Directive. If the legal requirements with regard to valid creation of this document are not followed, medical institutions may challenge the document as invalid and decline to honor it. Therefore it is very important to contact the attorneys at Garg & Associates to fully discuss the scope of Directives to Physicians, their use, and their proper creation.

Call Garg and Associates today at 281.475.4640 or complete our Contact Form and let us assist you with your wills and trusts.