Houston Living Wills Attorney

Living wills, often called advanced directives for health care, spell out the medical care you want in the event you are unable to give consent. For example, whether you wish to remain on a ventilator that breathes for you or to have a feeding tube in the event you are unable to eat on your own. These decisions, such as turning off life support, are difficult for families and loved ones to make since they are so intimately involved. A living will or advanced directive helps family and medical care providers understand your wishes in advance. A Houston living wills attorney can help walk you through the process of drafting a living will.

Living Wills are important to all people, not just the elderly or terminally ill. Although people think of such wills as a necessity for older people or the terminally ill, the truth is they should be considered by people of all ages. If a young person should be involved in a tragic accident or diagnosed with a terminal illness, this person can designate the specific medical treatments they want to have administered. Advanced directives can include:

• Instructions about CPR
• A DNR, or Do Not Resuscitate, directive
• Feeding tubes
• Whether mechanical ventilation is acceptable and for how long
• Pain medication

A living will can be very detailed or simply cover those points you find to be the most important. A Houston advanced directive attorney, such as Clark Martin, can help you decide what is best for you.

Creation of an advanced directive in Texas

In Texas, living wills are a part of the Health and Safety Code under Section 166.031. The Health and Safety Code outlines the requirements for preparing living wills, the specific date a living will becomes effective, and the physicians’ rights regarding these specific wills. In general, a living will must meet these elements:

• The party making the living will must 18 years old and competent at the time of signing
• Living will must be signed and witnesses
• The signing must be witnessed by either a notary or two independent people
• Both witnesses must be at least 18 years old and competent

It is important to know that a living will or advanced directive does not have any effect until you are incapacitated and in need of the medical care discussed in the document. Also, you can revoke or change your living will provided you are mentally competent.

Despite the important of having a living will, most people do not have one. It has been found that even amongst terminally ill patients, the majority do not have advanced directives. {1} Having a Houston living will attorney assist in creating this vital legal document will help ensure the directive is enforceable and make certain your wishes will be followed. Contact the Martin Law Firm today.