Texas Living Will Laws

If you have neither a spouse nor children your grandchildren or your parents will get your property.

Texas living will laws.

Introduction for a general primer. The main provisions of texas living wills law are listed in the table below. In texas any person eighteen 18 year of age or any married minor or minor in the armed forces and of sound mind may make a will. 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.

The state law library has books with legal forms and drafting guides to check out at our location in austin. It is strongly recommended that you contact an attorney for advice specific to your situation. General laws chapter 201d. Texans can dial 2 1 1 option 6 for information on covid 19 and local resources on health care utilities food housing and more.

Texas law now allows an option for a person s signature to be acknowledged by a notary instead of witness signatures and for digital or electronic signatures on the directive to physicians out of hospital do not resuscitate order and the medical power of attorney if certain requirements are met. Massachusetts law allows people to make their own health care proxies but does not officially recognize living wills. To access first get a free library account online with the texas state law library. In texas if you die without a will your property will be distributed according to state intestacy laws.

In texas the laws regarding the valid execution and witnessing of a will are set forth in the texas probate code chapter 4 execution and revocation of wills sections 57 through 61. Texas law recognizes holographic or handwritten wills but such a will must be signed by the testator and drafted entirely in his or her handwriting. In this instance the will does not need to have the signatures of witnesses and may be self proved at any time during the lifetime of the testator. Visit a law library near you to search for books with legal forms and drafting guides.

Please have your attorney review the law in health and safety code chapter 166. No state law for a living will no state law therefore are no formal requirements. Creating a living will is one of the most important things you could do to ensure your medical wishes are respected. Two witnesses are required for a health care proxy.

The state law library is unable to give legal advice legal opinions or any interpretation of the law. Talk to the professionals at texas legal today. If you want to document what you would like to happen in the case of a medical emergency where you are unable to communicate a living will is important for peace of mind. If you have questions about anything in this guide please ask a librarian.