Express Your Wishes In Life With A Living Will

By completing a living will, people can leave instructions for their families regarding their wishes for end-of-life care. This often takes a great burden off of surviving family members, knowing their loved one’s wishes can be fulfilled.

What Is A Living Will?

Unlike a regular will, a living will dictates a person’s wishes before their death and expires immediately upon their death. Sometimes referred to as a “health care directive” or “advance directive,” a living will describes an individual’s wishes for end-of-life care in case they are unable to communicate their wishes themselves.

A living will should address different types of care and whether or not the individual named in the living will would like that type of care performed on them. Most living wills ask that palliative care, or care that decreases pain and suffering, always be administered, but beyond this type of care, people looking to create a living will must think carefully about the types of care they want to receive.

A living will needs to address what the subject considers “extraordinary care,” meaning what types of care are more than what the subject would want. For many individuals, living wills describe their wishes regarding life support, resuscitation, and other life-sustaining treatment.

Importance of a Living Will in Texas

In Texas, a Living Will is an essential component of estate planning, ensuring that your medical preferences are respected in the event you cannot communicate them yourself. This legal document allows you to specify your wishes regarding end-of-life care, ensuring that life-sustaining treatments such as ventilators, feeding tubes, or CPR are administered only if you desire them. By having a Living Will in place, Texans can avoid the uncertainty and emotional stress that may arise during critical medical situations, as healthcare providers are legally bound to follow the directives outlined in the document. It provides peace of mind, knowing that your medical care will align with your values and preferences.

Beyond ensuring that your wishes are followed, a Texas Living Will plays a crucial role in preventing potential family disputes. When loved ones disagree about your medical treatment, tensions can arise, especially if family members are uncertain about your desires. By clearly outlining your decisions regarding end-of-life care, you eliminate the guesswork, giving your family members the guidance they need to avoid conflict. This can be particularly important in complex situations where multiple family members or caregivers may be involved, as it ensures that all parties understand your preferences and that they are legally upheld.

Living Wills In Texas

In the state of Texas, not only do individuals need a living will, but they also need to appoint a trusted individual to assume the authority to make medical decisions on their behalf and ensure the living will is followed. This authority is called a medical power of attorney and should only be given to someone who you know will support your decisions. There are limitations on who can be given medical power of attorney in Texas, so it is always wise to consult with an attorney before granting medical power of attorney.

What a Living Will in Texas Covers

A Living Will typically addresses a range of life-sustaining treatments, such as the use of ventilators, feeding tubes, or CPR. These treatments are often employed in critical care situations, but they may not align with your personal wishes if you are unable to recover or if your quality of life is significantly compromised. By specifying whether or not you wish to receive these treatments, you can ensure that medical professionals and your family respect your preferences. Without this clarity, doctors and loved ones may feel pressured to pursue aggressive treatment options, even if they are not in line with your desires.

Another important aspect of a Living Will is the guidance it provides regarding pain management and palliative care options. In cases where a person is facing a terminal illness or severe injury, pain management and comfort care can significantly improve quality of life. A Living Will allows you to express your wishes regarding the use of medications to alleviate pain, including whether you would prefer to prioritize comfort over extending life. This can help prevent unnecessary suffering and ensure that your medical team focuses on your comfort during your final days, in accordance with your wishes.

A Texas Living Will also addresses important issues such as organ donation preferences and Do Not Resuscitate (DNR) orders. If you wish to donate organs upon your death, a Living Will provides a clear record of your intent, ensuring that your wishes are followed without confusion or delay. Similarly, if you do not wish to be resuscitated in the event of cardiac or respiratory failure, you can include a DNR order. These directives are vital for ensuring that healthcare providers respect your decisions, allowing you to maintain control over your medical care, even when you cannot communicate it yourself.

What Happens Without a Living Will?

Without a Living Will in Texas, the process of determining medical care can become legally complex and emotionally taxing for your loved ones. In Texas, if you do not have a directive in place, the law grants decision-making authority to your spouse, adult children, parents, or a close relative, depending on who is available. However, if there is disagreement among family members about the best course of action, it can lead to legal disputes or delays in providing care. The absence of clear instructions can leave family members uncertain about whether they are making the right choices on your behalf, potentially creating tension during an already difficult time.
Texas law offers guidance on who can make medical decisions if no Living Will is in place, but it may not fully align with your personal wishes. The default decision-maker hierarchy includes your spouse, adult children, and other close family members, but this may not reflect your desires if there are differing opinions among those involved. Without a legal document specifying your preferences, your loved ones may be forced to navigate these difficult decisions in the absence of certainty. To avoid confusion and ensure your wishes are respected, creating a Living Will is a critical step in the estate planning process.

Don’t Draft A Living Will On Your Own

Many people make the mistake of drafting a living will without the help of an attorney, but the reality is most online living wills are generic and unspecific. Only by consulting a living will lawyer can you ensure you have planned for every possible circumstance. At Hensley & Krueger, PLLC, we understand how important living wills are for families, so we work passionately for our clients to create specific and thorough living wills. Contact us online or call our firm at 713-850-9700 to schedule a consultation to discuss your living will.