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A Texas Advance Directive is a legal document that outlines your preferences related to health care, such as your request for or refusal of a specific medical treatment or procedure, and/or the... Read more

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Making an Advance Directive in Texas

  • What is a Texas Advance Directive?

    A Texas Advance Directive is a legal document that outlines your preferences related to health care, such as your request for or refusal of a specific medical treatment or procedure, and/or the appointment of a chosen decision maker.

    The individual making an Advance Directive is known as the "principal," and the person or entity receiving permission to carry out the principal's wishes is known as the "agent." Suited for residents of Texas, this free Advance Directive can be used in Dallas County, Tarrant County, Harris County, and in all other parts of the state. Any Texas Advance Directive from Rocket Lawyer can be edited to address your specific scenario. Making this official legal document will provide verification of your decisions to healthcare providers, and it will certify that your agent has been authorized to act in your interest when you are not able.

  • How do I make an Advance Directive in Texas?

    It is simple and easy to document your medical wishes with a free Texas Advance Directive template from Rocket Lawyer:

    1. Make the document - Provide a few basic details, and we will do the rest
    2. Send or share it - Discuss your wishes with your healthcare agent(s) or get legal advice
    3. Sign it and make it legal - Optional or not, witnesses and notarization are ideal

    This method, in many cases, will end up being notably less expensive and less time-consuming than finding and working with a traditional provider. If necessary, you can fill out an Advance Directive on behalf of your spouse, an elderly parent, or another relative, and then help them sign when ready. Please note that for an Advance Directive to be considered legally valid, the principal must be mentally competent at the time of signing. In the event that the principal has already been declared incompetent, a court-appointed conservatorship generally will be necessary. When facing this situation, it would be a good idea to connect with a lawyer.

  • Who should make an Advance Directive?

    Anyone who is over 18 years old ought to have an Advance Healthcare Directive (both a Living Will and a Healthcare Power of Attorney) in place. Though it may be challenging to acknowledge, there could come a time when you can no longer make your own healthcare decisions. Here are some common circumstances in which you may find it useful to make or update your Advance Directive:

    • You are planning to undergo a medical procedure that requires anesthesia
    • You are aging or have declining health
    • You have been diagnosed with a terminal condition
    • You are preparing to live in a care facility

    Whether your Texas Advance Directive is being drafted as part of a forward-looking plan or produced in response to a recent change in your health, notarization and/or witnesses will often help to protect your document if anyone questions its credibility. Please note that Advance Directives in the form of a Living Will are not valid during pregnancy in Texas.

  • Do I need a lawyer to review my Advance Directive in Texas?

    Making an Advance Directive is usually easy to do; however, you or your agent might need advice. Depending on whom you contact, some lawyers will not even agree to review your document if they did not write it. A better approach would be to request help from the Rocket Lawyer On Call® network. With a Premium membership, you will be able to ask for guidance from an experienced attorney or pose other legal questions about your Advance Directive. As always, we are here for you.

  • How much might I usually pay for an attorney to help me make an Advance Directive in Texas?

    The fees associated with finding and working with a legal provider to write an Advance Directive might total between two hundred and one thousand dollars. Rocket Lawyer is not your average Advance Directive template provider. With our service, anyone under a Premium membership has access to up to a 40% discount when hiring an attorney.

  • What should I do after I have drafted my Texas Advance Directive?

    Upon finishing this customized Advance Directive on Rocket Lawyer, you will be able to retrieve it from your account anytime, anywhere. As a Rocket Lawyer member, you may make edits, download it in PDF format or as a Word file, print it, and/or sign it. Alongside your Texas Advance Directive, you will find a series of next steps you can take to finalize your document. You should give a copy of the fully signed document to your agent(s), care providers, and other impacted parties.

  • Does an Advance Directive need to be notarized or witnessed in Texas?

    The requirements and restrictions for Advance Directives will be different by state; however, in Texas, your Advance Directive requires the signatures of two witnesses or a notary public. No more than one witness to your Advance Directive form can be your attending physician or any other healthcare facility employee who is providing direct care to you or is a business administrator of the facility or its parent organization. In addition, only one witness can be a relative (including your spouse, adoptees, or family members), heir, or beneficiary. As a general principle, witnesses will need to be over 18 years old, and no witness should simultaneously be designated as your healthcare agent.

    See legal references for an Advance Directive in Texas: Health and Safety Code, Title 2, Chapter 166

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