Estate Planning Advice
You always want to be prepared for the unexpected. In the event of a medical emergency, having your voice heard in your healthcare decisions should be a top priority. Signing a living will gives you the power to outline your preferences for medical treatment if you ever become unable to communicate them yourself.
At Dan Burke Law, we understand that life can be unpredictable. That’s why we’re here to explain what a living will is, how it works in Texas and why creating one provides peace of mind for you and your loved ones.
What Is A Living Will?
A living will — sometimes called a “directive to physicians” in Texas — is a legal document that outlines your medical treatment preferences if you are terminally ill or permanently unconscious and unable to communicate your wishes.
A living will tells your doctors and family which treatments you do or do not want if you cannot make those decisions yourself. These preferences can include life-sustaining procedures such as:
- – CPR
- – Ventilators
- – Pacemakers and ICDs
- – Artificial nutrition and hydration
- – Organ donation decisions
Getting these preferences documented ensures your voice is honored and your medical care reflects your values. You can update your living will at any time, especially after major life changes. Preparing this document today means your loved ones won’t have to make difficult medical decisions on your behalf later.
Living Will vs. Last Will And Testament
Many people confuse a living will with a last will and testament, but they serve very different purposes. A living will covers your medical treatment preferences while you’re still alive but unable to communicate. A last will and testament, on the other hand, explains how you want your assets and property distributed after your passing.
Both documents are important parts of a complete estate plan. Having a living will ensures your healthcare decisions are honored during your lifetime, while a last will ensures your legacy is protected afterward.
Why You Should Have A Living Will In Texas
Life often takes unexpected turns. While we hope for the best, preparing for the worst helps you and your family feel secure. Having a living will in Texas ensures your medical preferences are clear under state law — removing uncertainty and emotional strain for your loved ones.
Without a living will, your family may face tough choices about your care, especially during stressful or emotional times. By signing a living will now, you give them guidance and peace of mind, knowing they’re honoring your wishes.
A properly prepared living will also prevents confusion among healthcare providers. When your wishes are in writing, your medical team knows exactly what treatments to provide — or not provide — based on your directives.
Texas Living Will Requirements
In Texas, a living will, officially called a Directive to Physicians and Family or Surrogates, must meet specific legal standards to be valid. These include:
- – You must be 18 or older and of sound mind.
- – The document must be signed and either notarized or witnessed by two qualified individuals.
- – At least one witness cannot be related to you or entitled to any part of your estate.
Following these requirements ensures that your document will hold up in court and be recognized by healthcare providers. Working with a Texas probate attorney is the best way to make sure every detail is handled correctly.
When Should You Update A Living Will?
A living will isn’t a one-and-done document. Your preferences may change over time, and your living will should reflect that. It’s a good idea to review and update your living will whenever major life events occur, such as:
- – Marriage or divorce
- – The birth or adoption of a child
- – A serious diagnosis or major medical procedure
- – A change in healthcare providers or insurance
- – The passing of a previously named decision-maker
Reviewing your living will every few years helps ensure your choices remain current and aligned with your values.
Do I Need A Lawyer To Create A Living Will?
While it’s possible to find templates online, those forms may not meet Texas legal requirements or include all the language needed to protect your wishes. A probate lawyer ensures your living will is properly drafted, witnessed and legally binding.
At Dan Burke Law, we make the process affordable and straightforward. You’ll have a trusted legal advisor to answer your questions, explain your options and ensure your document stands up when it matters most.
Peace Of Mind For You And Your Loved Ones
Preparing a living will isn’t just about legal paperwork — it’s about peace of mind. Knowing your wishes are clearly written and legally valid helps your loved ones focus on care and comfort, not confusion or conflict.
At Dan Burke Law, we help Texans plan for life’s uncertainties with compassion and care. Whether you need a new living will or want to review an existing one, our team will guide you through every step with clarity and respect.
Get Affordable Legal Help With Dan Burke Law
If you have questions about what a living will is in Texas, or you’re ready to create one for yourself or a loved one, contact Dan Burke Law today. We’ll help you understand your options and prepare your document the right way.
You deserve confidence in your healthcare decisions — and we’re here to make that happen.
