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Without a living will, you risk:

  • Doctors making decisions for you
  • Getting treatments that go violate your religion
  • Being left on life support
  • The wrong family members making medical decisions

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Don't leave your life in the hands of the wrong person. Having your living will properly created can be a matter of life and death (literally).

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This article is going to cover everything you need to know about a living will in Texas. 

We’re covering things about Texas living wills like:

So, let’s dig in.

What Is A Living Will?

A living will in Texas is also called an advance directive

Texas living wills allow people to express what they want from end-of-life medical care. 

They are able to give direction on the type of medical care they do or do not want

Living wills in Texas do not go into effect until you are incapacitated. 

When this happens, you need to be able to communicate your wishes. 

For example, let’s say you become terminally ill and go into a coma. 

You would be unable to tell the doctors what type of medical treatment you prefer. 

So, they are free to do as they see fit

These decisions that doctors make for you could go against your religion, values, desires.

What if you got into a major accident and became incapacitated?

Doctors will consult a living will to determine if the patient wants life-sustaining treatment. 

This could be assisted breathing or a feeding tube

If there is no Texas living will, medical decisions are made by the:

  • spouse
  • family members
  • other third parties

If it’s an emergency situation, or no family is present, the doctors will make the decisions

Living Will Definition

A living will is defined as a written statement detailing a person’s desires for medical treatment

Doctors refer to your living will form when you’re not able to express informed consent. 

A living will is a document allowing you to die rather than be kept alive. 

In this case, “being kept alive” means living on feeding tubes and breathing machines

But it only gets references if you are disabled beyond a reasonable expectation of recovery.

What Is A Living Will And Why Is It Important To Have One?

A living will in Texas is a legal document that doctors HAVE to follow. 

It explains the type of medical care you want. 

And your Texas living will gets used when you’re unable to communicate your desires. 

This could be due to an accident, severe illness, dementia, or a coma

It also guides your family on how to make decisions about your end of life. 

Maybe you told your family you don’t want to be in a vegetative state. 

But they cannot bring themselves to execute your wishes. 

A living will gives the doctors the proper guidance you’d want them to have. 

And doesn’t leave the decisions you need to be made up to emotions. 

Don’t leave life or death medical decisions in the hands of the wrong person. Fill out the form below to get your living will today. 

Get Your Living Will Today!
Don't leave your life in the hands of the wrong person. Having your living will properly created can be a matter of life and death (literally).

How Much Does A Living Will Cost In Texas?

So, how much does a living will in Texas cost?

The cost of a living will is not as high as a normal will. 

Normal wills cost more because they are more complex. 

You are planning how to distribute your estate to accomplish numerous goals. 

Living wills in Texas are only providing direction for medical treatments. 

The cost of a living will ranges from $350 – $1,000.

How much does a living will cost depends on several things, like:

  • where you live in Texas
  • how much will lawyers charge in your area
  • how complex your medical wishes are
  • if you have an attorney create your living will
  • if you make a living will by yourself

What Affects The Cost Of A Living Will In Texas

You can get a living will three different ways:

  • making a living will by yourself
  • making a living will yourself and having a will attorney review it
  • having a living will attorney make your will for you

If you make a living will by yourself, it’ll cost about $100 to get one. 

If you have an attorney review your living will, then you’ll spend about $350-$500. 

If you have an attorney create your living will in Texas, then you’ll spend about $1,000. 

How To Write A Living Will In Texas

Let’s go over how to make a living will in Texas. 

Determine Your Preferred Medical Treatment Options

Before you fill out a living will form, you need to determine what medical decisions to include. 

Your Texas living will can address decisions like:

  • life-sustaining treatments (chemo, medication, surgery)
  • life support decisions (feeding tubes, breathing machines, kidney dialysis)
  • end-of-life decisions (organ donation or religious rituals)

Create A Medical Power Of Attorney

You can prepare as much as possible. 

And think through every potential emergency scenario. 

But your living will may not cover your emergency situation. 

In this event, it’s smart to have a medical power of attorney

This person will be able to make medical decisions on your behalf

They will be the point of contact for your medical team

And they can make decisions on situations not covered in your living will

Your medical POA understands what types of decisions you want to be made. 

And they will make decisions that best align with your desires. 

Your medical POA needs to be someone who is emotionally strong. 

Because they have to make very tough medical decisions on your behalf. 

Formalize Your Living Will In Texas

Texas has a specific set of rules to make your living will form valid

You will have to sign your living will in front of two witnesses

And you have to get the living will notarized

Without this, your living will form in Texas is not valid

And your doctors won’t be able to use it. 

They will, then, ask your family how they want to handle your end-of-life treatments. 

Storing Your Texas Living Will

It’s a good idea to store your living will with your other Texas estate planning documents. 

Places to consider storing your living will are:

  • with your attorney
  • in a safety deposit box
  • with family members
  • in a safe at home

This can prevent the loss of documents due to theft, fires, or forgetting their location. 

Wherever you store it, someone you trust should know how to access it. 

That way, they can give the living will to your doctors. 

So, when does a living will go into effect?

When Does A Living Will Go Into Effect?

A living will goes into effect when your doctor determines you are incapacitated

A person is considered incapacitated if they are no longer:

  • able to manage their affairs
  • able to maintain their well-being

When you’re deemed incapacitated, your doctor certifies this fact in writing

At this point, your living will goes into effect

And your doctor will start making medical decisions based on your living will. 

Related: How To File A Will

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Living Will vs Other Legal Documents

Texas living wills often get confused with many other legal documents. 

Let’s cover the main legal documents that are similar, but different, to living wills. 

Texas Living Will vs Will

The main difference between a will and a living will is their function.

A last will directs the distribution of assets after someone passes away. 

A living will gives direction for medical care in the event of incapacitation. 

Living Will And Trust

What’s the difference between a living will and trust? 

They give direction on different aspects of your life. 

A living trust covers three phases of your life. 

These phases are while you’re:

  • alive and well
  • incapacitated or terminally sick
  • deceased

A living trust will hold your property in the name of the trust

And you can manage the property by naming yourself the Trustee.

You can also name beneficiaries to take over the trust when you pass away. 

All that a living will does is give guidance on the medical attention you want. 

Related: Disadvantages Of A Trust

Living Will vs Advance Directive

There is no real difference between a living will vs advance directive. 

They both accomplish the same outcome in Texas. 

Living Will And Power Of Attorney

There is a major difference between a living will and power of attorney.

A living will give a patient’s medical team direction in the event of incapacitation. 

A power of attorney gives another individual the authority to make decisions on your behalf

There are many uses for a power of attorney

They can give someone authority to make decisions for you on:

  • financial decisions
  • buying and selling property
  • controlling bank accounts
  • making medical decisions

Power of attorney usually goes into effect if someone becomes incapacitated. 

There is also a medical power of attorney. 

Which allows someone to make medical decisions on your behalf. 

This differs from a living will because a:

  • living will gives doctors explicit directions
  • medical POA gives someone the freedom to make decisions on your behalf

Health Care Proxy vs Living Will In Texas

A healthcare proxy gives authority to make medical decisions to someone else

While a living will gives explicit direction to the medical team. 

The healthcare proxy makes medical decisions on your behalf. 

But it may not be the exact direction you want them to take. 

For example, you don’t want to be on life support. 

But your children cannot make that decision and decide to keep you on life support. 

In this case, a living will would be a better option. 

How To Make A Living Will Texas

If you want a reliable, attorney-created living will, fill out the form below.

Our experienced attorneys will create your living will, which means:

  • you can make sure your doctors abide by the laws
  • you have confidence you have the correct living will set up
  • you don’t have to hire a notary to show up to the signing
  • you don’t have to find witnesses to show up at the signing
  • you get FREE revisions for 30 days

Fill out the form below and we will reach out and get the ball rolling.

Talk soon.

Get Your Living Will Today!
Don't leave your life in the hands of the wrong person. Having your living will properly created can be a matter of life and death (literally).
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