Jamie Graham & Associates, PLLC

How a living will works in Texas

Technically, a living will is not an actual will. Rather, it is a legally binding directive that conveys your wishes concerning medical treatment. If you ever become unable to state your preferences on your own, a living will and other types of advance directives can serve to tell health-care providers and family members what you want.

While no one likes to contemplate the possibility of becoming incapacitated or having to make end-of-life decisions, deliberating these issues in advance can help you define your thoughts and intentions on these important matters.

Advance planning

You do not have to be elderly to think about making a living will. Unfortunately, accidents or sudden illnesses do happen, and it is best to be prepared. A living will can take away the burden of making vital health-care decisions from your family members at a time when they will already feel tremendous stress.

What a living will covers

Generally, a Texas living will states your wishes concerning various types of life-prolonging interventions. Some people want physicians to take all possible measures to prolong their lives, while others prefer to avoid certain procedures or mechanical ways of sustaining a basic life function. 

Your directive may also designate a person to make decisions about your treatment if you lose mental capacity, become unconscious or otherwise become unable to formulate your desires.

Formal requirements

To make a living will, you must be over the age of 18 and possess mental capacity. You need two witnesses, or two witnesses and a physician if making the will orally. The will must become part of your medical record.

Revoking a living will

You may revoke a living will at any time for any reason. Acts of revocation include destroying the document, stating an intent to revoke or composing a written revocation. While all of these are valid, physicians may not know of the revocation if you do not notify them, and may act accordingly. If you have the capacity to convey your wishes at the time of treatment, your stated wishes overrule the provisions of a living will.

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At Jamie Graham & Associates, PLLC, we have received a variety of honors and awards for our family law services. Members of our team have been listed as Top Lawyers in San Antonio Scene magazine. We take pride in the number of positive reviews we have received from satisfied clients. On AVVO, a lawyer rating website, we have received an 8.9 rating overall and many positive ratings from clients and colleagues.

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Jamie Graham & Associates, PLLC
310 South St. Mary's Street
Suite 2500
San Antonio, TX 78205

Phone: 210-272-7034
Fax: 210-308-5669