Texas law allows for two documents called Advance health care directive: Texas Directive to physicians and family or Surrogates or Texas Medical Power of attorney
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State Law - Texas Directive to physicians and family or Surrogates (equivalent of Living Will) is designed to help you communicate your wishes now about medical treatment |
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Before you start working on your Health Care Directive please read the following important definitions: "Directive" means an instruction made under Section 166.032, 166.034, or 166.035 to administer, withhold, or withdraw life-sustaining treatment in the event of a terminal or irreversible condition. "Qualified patient" means a patient with a terminal or irreversible condition that has been diagnosed and certified in writing by the attending physician. "Artificial nutrition and hydration" means the provision of nutrients or fluids by a tube inserted in a vein, under the skin in the subcutaneous tissues, or in the stomach (gastrointestinal tract). "Attending physician" means a physician selected by or assigned to a patient who has primary responsibility for a patient's treatment and care. "Competent" means possessing the ability, based on reasonable medical judgment, to understand and appreciate the nature and consequences of a treatment decision, including the significant benefits and harms of and reasonable alternatives to a proposed treatment decision. "Declarant" means a person who has executed or issued a directive under this chapter. "Incompetent" means lacking the ability, based on reasonable medical judgment, to understand and appreciate the nature and consequences of a treatment decision, including the significant benefits and harms of and reasonable alternatives to a proposed treatment decision. "Irreversible condition" means a condition, injury, or illness: (A) that may be treated but is never cured or eliminated; (B) that leaves a person unable to care for or make decisions for the person's own self; and (C) that, without life-sustaining treatment provided in accordance with the prevailing standard of medical care, is fatal. "Life-sustaining treatment" means treatment that, based on reasonable medical judgment, sustains the life of a patient and without which the patient will die. The term includes both life-sustaining medications and artificial life support, such as mechanical breathing machines, kidney dialysis treatment, and artificial nutrition and hydration. The term does not include the administration of pain management medication or the performance of a medical procedure considered to be necessary to provide comfort care, or any other medical care provided to alleviate a patient's pain. "Medical power of attorney" means a document delegating to an agent authority to make health care decisions. "Terminal condition" means an incurable condition caused by injury, disease, or illness that according to reasonable medical judgment will produce death within six months, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care. A patient who has been admitted to a program under which the person receives hospice services provided by a home and community support services agency licensed under Chapter 142 is presumed to have a terminal condition for purposes of this chapter. Texas Advance Health Care Directive must be signed by two witnesses;
Conflict between advance directives. To the extent that a treatment decision or an advance directive validly executed or issued under this chapter conflicts with another treatment decision or an advance directive executed or issued under this chapter, the treatment decision made or instrument executed later in time controls. Patient's desire supersedes directive. The desire of a qualified patient, including a qualified patient younger than 18 years of age, supersedes the effect of a directive. A physician or health care facility that causes life-sustaining treatment to be withheld or withdrawn from a qualified patient in accordance with this subchapter is not civilly liable for that action unless the physician or health care facility fails to exercise reasonable care when applying the patient's advance directive. A physician, health care facility, or health care professional that has no knowledge of a directive is not civilly or criminally liable for failing to act in accordance with the directive. |
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