Full Definition

In Texas, the living will is formally called a Directive to Physicians, Family, or Surrogates. It is a written statement of the person’s wishes about life-sustaining treatment in terminal or irreversible conditions — recorded while the person is competent so those wishes can guide care later.

The Directive can specify whether the person wants cardiopulmonary resuscitation (CPR), mechanical ventilation, artificial nutrition and hydration, dialysis, and other interventions if they have a terminal diagnosis or are in an irreversible condition. It becomes effective when two physicians certify the applicable condition.

A living will differs from a Medical Power of Attorney in that it speaks directly to providers without requiring an agent to interpret. However, it cannot anticipate every clinical scenario — which is why both documents complement each other. The healthcare agent can make nuanced decisions within the framework the living will establishes.

Texas law requires healthcare providers to comply with a valid Directive or to transfer the patient to a willing provider. The Directive must be signed before a notary or two qualified witnesses.