There is no more personal document in your estate plan than an advance directive. It is, quite literally, your voice — speaking on your behalf when you physically cannot.
What Is an Advance Directive?
An advance directive (sometimes called a living will or directive to physicians) is a legal document that outlines your wishes for medical treatment if you become terminally ill, irreversibly unconscious, or otherwise unable to make or communicate your own healthcare decisions.
It answers the hard questions in advance:
- Do you want life-sustaining treatment in the event of a terminal diagnosis?
- Do you want artificial nutrition and hydration?
- What are your wishes regarding CPR?
- What pain management and comfort care do you want?
Texas Advance Directive Law
Texas recognizes advance directives under the Texas Advance Directives Act (Health & Safety Code Chapter 166). The law governs what the directive must contain, how it must be executed, and how healthcare providers are required to honor it.
Execution Requirements
A valid Texas Directive to Physicians must be:
- In writing
- Signed by the patient (you, while you have capacity)
- Signed in the presence of two qualified adult witnesses OR before a notary public
Who Cannot Serve as a Witness?
Texas law disqualifies certain individuals from serving as witnesses, including:
- Your healthcare provider or their employees
- Any person who would inherit from you
- Your designated healthcare agent (from your Medical POA)
Notarization is often the cleaner, simpler choice — and eliminates the need to find two qualified witnesses.
What Happens If You Don’t Have One?
Without an advance directive, healthcare decisions for a patient who cannot communicate fall to family members under Texas’s hierarchy of surrogate decision-makers. Family members may disagree. Physicians may act more aggressively than you would have wanted. Court intervention may become necessary.
Your advance directive prevents all of this.
SBK Notary: Honoring Your Voice
Klesha Leonard approaches advance directive signings with extraordinary care and sensitivity. These are not just legal documents — they are deeply personal statements. We ensure every signing is done correctly, privately, and respectfully.
Book your estate planning or advance directive signing at www.sbknotary.com or call 469-400-2093.
Important: This article provides general educational information, not legal advice. Document requirements vary by form, transaction, and receiving authority. Consult a licensed attorney or the responsible agency for advice about your situation.
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