Texas Living Will Statute

1 to which a self proving affidavit subscribed and sworn to by the testator and witnesses is attached or annexed.

Texas living will statute.

Period for admitting will to probate. When an attending physician refuses to comply with an advance directive or other request for life sustaining treatment because of the physician s judgment that the treatment would be medically inappropriate the case will be reviewed by an ethics or medical committee. Under texas living wills laws doctors who are unwilling to follow a durable power of attorney perhaps for religious reasons must make an effort to transfer the patient to another physician. Durable power of attorney for health care requires two witnesses.

The probate of a will of a living person is void. B held and administered by the corporation as provided by the texas non profit corporation act article 1396 1 01 et seq vernon s texas civil statutes. When a directive to the physician is created and signed it goes into effect. It should be noted that texas recognizes oral wills as well as holographic wills wills that are written entirely in the testator.

2 that is simultaneously executed attested and made self proved as provided by section 251 1045. The texas probate code is a complex statute and sometimes the case law is counterintuitive. For instance your living will may state your desire not to be kept alive by a respirator. Advance health care directive requires one witness and can be oral or written not valid if pregnant.

Added by acts 2009 81st leg r s ch. The texas constitution is current through the amendments approved by voters in november 2019. Also the state requires at least two credible witnesses three if it is an oral will. It is also important to note that under texas law women who are pregnant are not allowed to decline life sustaining treatment regardless of their condition.

The statutes available on this website are current through the 86th legislature 2019. It is based upon section 166 046 of the texas advance directives act codified in chapter 166 texas health and safety code. Directive to physicians living will requires two witnesses or a notary public but is not valid if pregnant. Protection for certain purchasers.

The effect of not following the exclusive methods of revocation usually results in nonrevocation of the. Patients have the right to orally revoke the terms of their living will. A except as provided by section 501 001 with respect to a foreign will a will may not be admitted to probate after the fourth anniversary of the testator s death unless. In 2018 the section headings to the constitution which are not officially part of the text of the constitution were revised to reflect amendments and to modernize.

In texas to execute a valid will the law requires that the testator the person for whom the will applies be at least 18 years old and of sound mind full mental capacity.