Directive to Physicians and Family or Surrogates

What it does

A Directive to Physicians states your wishes about life-sustaining treatment if you have a terminal or irreversible condition (Tex. Health & Safety Code § 166.031 and following). This site uses the statutory form (§ 166.033), instructing that all treatments other than those needed to keep you comfortable be discontinued or withheld.

A Directive to Physicians and Family or Surrogates, more commonly known as a "Directive to Physicians" or "Living Will," or "Advance Directive," indicates your desires regarding the use of life support measures in the event of a terminal or irreversible condition.

Section 166.031 and following sections of the Texas Health and Safety Code provide the authority for you to make a Directive, which may include instructions to administer, withhold, or withdraw life-sustaining treatment in the event of a terminal or irreversible condition. The form provided is the statutory form under Section 166.033 of the Texas Health and Safety Code, instructing that all treatments other than those needed to keep you comfortable be discontinued or withheld and that you be allowed to die as gently as possible in the event of a terminal or irreversible condition.

A spouse does not automatically have authority to make health-care decisions for the other spouse. Similarly, a parent does not automatically have authority to make health-care decisions for an adult child, although the parent is the "natural guardian" of a minor child, subject to court appointment of a legal guardian of the person. A Directive to Physicians is how you state your wishes yourself, rather than leaving them to statutory defaults and family agreement.

What it does not do

The Directive applies only in terminal or irreversible conditions; a Medical Power of Attorney covers other decisions when you cannot make them, and takes priority over the Directive (Tex. Health & Safety Code ch. 166). This system does not provide a form asking for all available life-sustaining treatment, although the Code permits that instruction.

In addition, the Directive to Physicians may designate someone to make decisions for you if you are unable to act and do not have a Medical Power of Attorney, although use of a Medical Power of Attorney is preferable for several reasons. First, and most importantly, a Directive applies only if you have a terminal or irreversible condition, while a Medical Power of Attorney gives the right to make decisions whenever you are incapacitated. Second, a Medical Power of Attorney is the only way to require your medical treatment provider to act in accord with the directions of someone you trust. Finally, the authority granted under a Medical Power of Attorney takes priority over the Directive to Physicians.

Thus you may wish to prepare and execute both a Directive to Physicians and Medical Power of Attorney.

This system does not provide a form instructing that all available life-sustaining treatment be provided in all events, although that is a permissible instruction under the Code.

How it must be signed

You sign the Directive before two adult witnesses, at least one of whom is not your agent, a relative, an heir or beneficiary, or your health-care provider (Tex. Health & Safety Code §§ 166.032, 166.003), or, instead of witnesses, before a notary.

Common questions

How much does it cost?

Nothing. It is free.

How must it be signed?

Before two adult witnesses, at least one of whom is not your agent, a relative, an heir or beneficiary, or your health-care provider (Tex. Health & Safety Code §§ 166.032, 166.003) — or, instead of witnesses, before a notary.

What does it say?

It uses the statutory form (§ 166.033), stating your wishes if you have a terminal or irreversible condition. The statutory form only provides for signature before witnesses, not before a notary.

Do I also need a Medical Power of Attorney?

Usually, yes. The Directive applies only in terminal or irreversible conditions; a Medical Power of Attorney covers other decisions when you cannot make them.