Free Texas Living Will Form

The living will form type of document in Texas is known as an Advance Directive. An advance directive is created to communicate your wishes regarding decisions about your health to your attending physician or another medical care provider if you fall ill or sustain an injury that makes you unable to make such decisions or communicate them.

An advance directive is not the only type of document that you may want to have if you get a life-threatening condition or a serious illness. Three documents may be required when such an event happens:

Some people also have a directive that covers the decisions on the donation of organs or tissues.

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Signing Requirements and Laws

To create an advance directive in Texas, the person needs to be:

  • at least 18 years old
  • of sound mind
  • acting on their own free will

Remember to notify your physician about your advance directive. Attach it to your medical record as soon as it is created. If your physician decides not to execute what is stated in your advance directive, they need to make an effort to transfer your care to a different specialist (§166.045 of Texas Statutes).

Nobody can force you to sign the advance directive. Nobody can deny your health services or insurance if you do not have one. You can revoke the advance directive. Remember that you can do it any time, but your physician needs to be made aware of that.

Two competent adult witnesses need to sign the directive, or a notary public can acknowledge it. At least one of the witnesses cannot be someone who:

  • you have chosen as the agent who will make decisions relating to your health;
  • is related to you, including your spouse;
  • can inherit any part of your estate;
  • is your physician, or their employee;
  • An employee of a healthcare facility you are treated at

Section §166.037 of the Texas Statutes states that you can change your mind about receiving a life-sustaining treatment, and this decision will override what is written in the advance directive.

According to the §166.033 section of the Health and Safety Code of the Texas Statutes, if you have the Medical Power of Attorney, you do not need to name an agent, or agents (someone who will be communicating your wishes and making decisions regarding your health), in your advance directive.

Texas Living Will Form Details

Document Name Texas Living Will Form
State Form Name Texas Directive to Physicians and Family or Surrogates
Signing Requirements Two Witnesses
Validity Requirements Section 166.003
Specific Powers Section 166.002(10)
Avg. Time to Fill Out 13 minutes
# of Fillable Fields 48
Available Formats Adobe PDF; Microsoft Word
State Laws: Texas Statutes, Health and Safety Code, Chapter 166

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Steps to Fill Out the Form

There are several steps you need to go through to create an advance directive:

1. Download the form

To start filling out a living will form or an advance directive, you can utilize our convenient Online Forms Building Software. Review the form first and then proceed to fill it out.

2. State your full name and initial the choices

Enter the full legal name of the person who is creating the directive. Then read the following paragraphs carefully to make an informed choice on how you want to be treated if a terminal or irreversible condition arises.
Section for full name and initialing the choices of a Texas living will document

3. State any additional requests

If you have any additional requests, state it at this stage. You may want to consult with your physician and with your family on these.
Additional requests part of living will for Texas

4. Designate the agent

In case you do not have the Medical Power of Attorney, assign here the person, or the persons, who will be making treatment and other healthcare decisions on your behalf.
Agent designation section of a document of living will for Texas

5. Complete the form with your signature

Sign the form and state the date and the city, country, and state of residence.
Signature part of a Texas living will template

6. Make sure the witnesses sign the form

Two competent adult witnesses must sign the form to acknowledge the signature of the declarant.
Witnesses signing section of Texas living will form

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Published: Apr 2, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.