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Dallas Living Will Attorney

Dallas Living Will Attorney

As trusted Dallas estate planning attorneys, we understand the importance of making preparations for end-of-life decisions and ensuring that your wishes are respected. The living will or advanced directive, also known as a Directive to Physicians and Family or Surrogates, is a critical part of an estate plan.

Texas Law and the Living Will

Texas law allows competent adults to exercise their right to make decisions about their medical treatment in the event of a terminal or irreversible condition. By signing a Directive to Physicians and Family or Surrogates, commonly referred to as a living will, individuals can instruct their physicians to withhold or withdraw artificial life-sustaining procedures.

When Does the Living Will Take Effect?

The living will takes effect only when certain conditions are met:

  1. Terminal Illness: The patient’s physician must determine that the patient is terminally ill, with an expected death within six months if artificial life-sustaining procedures are not applied.
  2. Irreversible Condition: Alternatively, the patient may have a condition that can be treated but never cured, leaving them unable to care for or make decisions for themselves, and without life-sustaining treatment, the condition is fatal.

Requirements and Contents of the Living Will

The form and contents of the living will are prescribed by Texas law. To create a valid living will, the following requirements must be met:

  1. Written Document: The living will must be in writing.
  2. Patient’s Signature: The document must be signed by the patient.
  3. Witnessed by Competent Adults: The living will must be witnessed by two competent adults. One of the witnesses must not be the person designated to make treatment decisions for the patient and should not have certain relationships with the patient, such as being related by blood or marriage, an heir, the attending physician, or an employee of the physician or healthcare facility.
  4. Notarization Option: Instead of witnesses, the patient may choose to sign the living will and have the signature acknowledged before a notary public.

Designation of Treatment Decision-Maker

The living will may also include a designation of another person to make treatment decisions on behalf of the patient if the patient becomes comatose, incompetent, or otherwise unable to communicate.

Consult an Experienced Estate Planning Attorney

If you wish to express your desire that your life not be artificially prolonged in the event of a terminal illness, it is crucial to consult with one of our experienced estate planning attorneys. We can assist you in preparing a living will that accurately reflects your wishes. Additionally, informing your physician about your directive and providing them with a copy is advisable to ensure your wishes are known and respected.

Contact our firm today to schedule a consultation with our knowledgeable estate planning attorneys. Let us help you navigate the process and provide you with peace of mind regarding your end-of-life decisions.

Our Dallas Probate Attorneys provide a full range of probate services to our clients, including helping with living wills. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. We have years of combined experience we can use to support and guide you with probate and estate matters.


Disclaimer:  The content of this website is for informational purposes only and should not be construed as legal advice and should not be acted upon without consulting a qualified probate attorney.