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The Texas Advance Directive is a handy medical form for those seeking to preemptively declare their end-of-life health care preferences and assign a third-party representative to execute decisions in their name should they be unable to do so for themselves in the future. Basically, the form is a combination of the living will and medical power of attorney, ensuring that the executor covers all their bases for any possible health care scenarios where they may potentially wind up in critical condition. To guarantee a legally sound directive, the primary party will need to furnish the document with the essential details regarding their desired care, sign it within the indicated areas, and have their endorsements acknowledged by two (2) witnesses and/or a notary public.

This Document Contains:

(If the executor does not want to include one of the above-listed documents, they may discard it from the content of the packet.)

Laws

Statute – Title 2, Chapter 166: Advance Directives

Definition – “Advance directive” means an instruction made to administer, withhold, or withdraw life-sustaining treatment in the event of a terminal or irreversible condition, an out-of-hospital DNR order, or a medical power of attorney (§ 166.002(1)).

Signing Requirements – Review the information below to find out what each section of the advance directive necessitates for signing:

Medical Power of Attorney – Acknowledgment of Two (2) Witnesses or Notary Public (§ 166.154)
Directive to Physician – Acknowledgment of Two (2) Witnesses or Notary Public (§ 166.032)
Out-of-Hospital DNR Order – Must be signed by the declarant and attending physician. The declarant’s signature must be performed in the presence of two (2) qualified witnesses or a notary public (§ 166.082(b)).
Declaration for Mental Health Treatment – Acknowledgment of Two (2) Witnesses or Notary Public (§ 137.003)