#define.stb Definitions of legal terms #help.tut Extra help SUMMARY OF STATE LIVING WILL LEGISLATION TEXAS Synopsis: Texas has a strong living will law. The statute requires that physicians/hospitals effectuate the living will but ONLY of a patient who executes or re-executes the living will after learning of a terminal diagnosis. If a living will is executed before the diagnosis, the same is to be given weight by the physician, who is also permitted to consider other data, such as the knowledge that the family may have of the patient's desires. If the declarant executes or re-executes the living will after a terminal diagnosis, the living will is to be implemented, or the physician may be guilty of unprofessional conduct if he does not attempt to transfer the patient. To prepare a living will using the State of Texas recommended form, please select living will preparation from the opening menu. Remember that the publisher recommends preparing a "uniform" living will in addition to the form suggested with by the State of Texas. Please also consider executing a living will for any State that you spend more than a few weeks per year, or where you are a temporary resident. Statute number: Tex. Stat. Art. 4590h Statute title: "Texas Natural Death Act" Governmental Agency to contact for more information: None specified A specific form of living will is ***** required *****; since the statute states that the living will "shall" be in the state suggested form, then it is quite probable that if the state required form is altered, or not used, that the "Directive to Physicians" may be invalid Witness requirements: Number: 2 and a separate notary Relationship: Witnesses may not be related by blood or marriage, may not be beneficiaries either under a will or by the laws of intestacy, nor may be the declarant's attending physician, an employee of the physician, nor an employee of a hospital in which the declarant is a patient; in addition, anyone with a claim against the declarant's estate may not be a witness Recording of the living will is not required Revocation of the living will may be made by a separate document, by physically destroying the living will (tearing or burning the same etc.); a verbal revocation is effective if stated to the attending physician; if a living will is revoked while the person is a patient in a hospital, the physician or his designee must write "void" on each page of the living will document.