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December 20, 2018 / David Goodhart / 0 Comment

Texas Living Will


Oftentimes, a difficult subject to discuss with your loved ones is the topic of whether you want your doctors to artificially keep you alive in the event you are in a persistent, vegetative state, or whether you would prefer that they simply “pull-the-plug” and allow you to die naturally. This is not an easy decision, but it’s one that every Texan should consider when discussing their overall estate plan.

Living Will Forms

The Importance of Having a Living Will

To be sure, if you don’t have some prior document that instructs your doctors to pull-the-plug in the event you are in a persistent, vegetative state, there is a very likely chance they won’t. This is because they have taken an oath as medical providers to do their best to provide you with life-saving measures when possible, even if it is against your wishes.

A Texas Living Will form, also known as an “advanced directive” or a “directive to physicians and family or surrogates,” ensures that your wishes are made known prior to your passing. The form serves as a legal document that can be used to determine the type of medical treatment you receive if you are in a persistent, vegetative state.

Need Battle-Tested Texas Legal Forms

Battle-Tested Living Will Form

To make things easier and more uniform, the State of Texas has a statutory living will form that most lawyers use. This Texas legal form sets out all of the enumerated powers you are giving your agent. I offer that form for sale on this website with a couple of battle-tested changes.

First, most of my clients don’t want to give their agent any power on the exact day they sign the form. They only want the power to be transferred if, and only if, they become incapacitated. So, my form includes a “springing power feature” which states that the power only springs into effect if, and only if, you become incapacitated.

Second, my battle-tested living will form departs from the statutory form to strengthen the definition of “incapacity.” My form requires the diagnoses of two physicians, one of which is your personal physician, in determining whether you are incapacitated. This is a safety measure put in place to make sure trusted people you know are making important decisions on your behalf.

Get Help Creating Texas Estate Planning Forms

Are you in the process of putting together your estate plan? Be sure to make a Texas Durable Power of Attorney an integral part of your overall plan.
For more information about how to create a Texas Living Will or other Texas legal forms, feel free to reach out to me at

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David Goodhart