Texas Living Will Laws

No state law for a living will no state law therefore are no formal requirements.

Texas living will laws. 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. In texas if you die without a will your property will be distributed according to state intestacy laws. Texas s intestacy law gives your property to your closest relatives beginning with your spouse and children. Creating a living will is one of the most important things you could do to ensure your medical wishes are respected.

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. Introduction for a general primer. The state law library is unable to give legal advice legal opinions or any interpretation of the law. 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 neither a spouse nor children your grandchildren or your parents will get your property. 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. If you have questions about anything in this guide please ask a librarian. Please have your attorney review the law in health and safety code chapter 166.

Talk to the professionals at texas legal today. General laws chapter 201d. Visit a law library near you to search for books with legal forms and drafting guides. To access first get a free library account online with the texas state law library.

Find a testing site. It is strongly recommended that you contact an attorney for advice specific to your situation. 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. 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.

Many of these e books contain legal forms or drafting guides. The state law library has books with legal forms and drafting guides to check out at our location in austin. Massachusetts law allows people to make their own health care proxies but does not officially recognize living wills. The main provisions of texas living wills law are listed in the table below.