Directive to Physicians - Law Office of Theresa N. Alvarado, PLLC

What Is a Directive to Physicians (Living Will)?

A Directive to Physicians is a written document that tells your doctors and loved ones what kinds of life-sustaining treatment you would or would not want if you reach a point where you can no longer communicate those wishes yourself. In Texas, it generally applies in two situations: when you have a terminal condition (an incurable illness expected to result in death) or an irreversible condition from which you’re not expected to recover.

It allows you to express, in advance, whether you’d want treatment that artificially prolongs the dying process, or whether you’d prefer to be kept comfortable and allowed a natural passing. These are deeply personal choices, and a living will lets you make them on your own terms.

How Is This Different From a Medical Power of Attorney?

This is a frequent point of confusion, and the two documents work together rather than competing.

-A medical power of attorney appoints a person to make healthcare decisions for you when you can’t.

-A Directive to Physicians states your own wishes directly about end-of-life treatment.

Many people have both. The directive provides guidance about your wishes, while the agent named in your medical power of attorney can act on the many decisions a document alone can’t anticipate.

Why It Matters

Without a Directive to Physicians, your family may be left guessing about what you would have wanted, often during an emotional and stressful time, and sometimes while disagreeing among themselves. A clear directive can:

– Honor your personal wishes, even when you can’t voice them

– Relieve your loved ones of the burden of making an agonizing decision without guidance

– Reduce the potential for family conflict about your care

A Note on Out-of-Hospital DNR Orders

Texas also recognizes a separate document, the Out-of-Hospital Do-Not-Resuscitate (DNR) Order, which addresses whether certain resuscitation measures should be attempted outside a hospital setting. This is distinct from a Directive to Physicians and isn’t right for everyone, but it’s worth discussing with your attorney and physician if it’s relevant to your situation.

Making It Valid

To be effective in Texas, a Directive to Physicians must generally be in writing, signed by you, and either witnessed by two qualified adult witnesses or notarized, with specific rules about who is allowed to serve as a witness. Because these requirements are precise, it’s best to have the document prepared and executed properly rather than relying on a generic form. You can also revoke or change the directive at any time while you are able to.

The Takeaway

A Directive to Physicians ensures your voice is heard about your medical care when you can’t speak for yourself, and it spares your family from having to guess. Paired with a medical power of attorney, it can be a component of a thoughtful estate plan.

DISCLAIMER: This blog post is for general informational/educational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every situation is different, and you should consult with a qualified attorney about your particular circumstances. For the full disclaimer, click here.