Using a Living Will to Make Health Care Decisions Known
Life can throw you curveballs. An unexpected hospital stay is a life activity that many of us don’t plan for. Decisions about various medical treatments are probably further down your priority list. But, when you become incapacitated, how will your loved ones know your wishes regarding health treatments? There is a document that, once created, can help tell others what kinds of treatments you would want or not desire. This document is called a Living Will and is officially known, in Texas, as a Directive to Physicians and Family or Surrogates. Generally, this document is called an “Advanced Health Care Directive.” A directive is used by doctors and family members in situations where medical decisions regarding the patient need to be made. This includes not only end-of-life decisions, but also provides instructions for other decisions such as pain management.
First, what kind of decisions would a directive make? A directive lets you choose whether to agree to resuscitation in certain situations, the use of antibiotics, organ donation, donating your body for scientific purposes, and the use of a ventilator or tube feeding. It is important to think about whether you would or wouldn’t want the doctor to allow any of the above. Take time to discuss this with your physician and your family.
How do you create a Directive to Physicians and Family or Surrogates (a/k/a a Living Will)? Like many other legal documents, each state can have different ways and requirements for a directive. Texas requires that: (1) the document be signed and dated by two witnesses, (2) only one witness can be a family member, and (3) the document doesn’t need to be notarized, although it can be instead of having witnesses. Once you create a directive, it will be useless unless people know about it. So, you will want to keep the original and give copies to your doctor and anyone who would make decisions for you.
What if you need to change your directive? If you receive a new diagnosis or simply change your mind, your document will need an update or change. Texas law provides that a directive can be revoked at any time and the newest document will be followed. To update or change the document: create the new form, destroy any old copies of the past document, and inform the holders of the document (like your doctor or family). In addition, a directive from another state will be valid in Texas unless the directive provides for health treatments which are not legal in Texas. For this reason, you might want to update your document if you have moved to or from Texas.
THE TAKEAWAY: The law creates many documents that help those around you know your wishes if you cannot tell them. A Living Will or Directive is important because it may help your family with a hard decision. You have the opportunity to tell them what you would want. This could help bring solace to those who are put in the difficult position to make the decision. It is important to think about exactly what kind of life you would want to live in the many possible situations that might arise.
– The Business Team
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