Living Will Attorney in Dallas, TX

A living will is a legally binding document that records your healthcare wishes if you cannot speak for yourself. In Texas, it is formally called a directive to physicians and family or surrogates, and it tells medical providers which life-sustaining treatments you do or do not want if you are in a terminal or irreversible condition. It also protects your family from having to make those calls without your guidance. Our attorneys at Ford + Bergner, LLP have spent 25 years helping Dallas families put these protections in place.

At Ford + Bergner, LLP, our estate planning team is ready to help you draft a living will that reflects your values and satisfies every Texas legal requirement. Fill out our online contact form or call (214) 389-0887 to schedule your appointment.

What a Living Will Covers in Texas

Texas law refers to a living will as an advance directive. You sign it while you are competent, and it only takes effect once your attending physician certifies you have a qualifying condition, such as a terminal diagnosis or irreversible condition. A living will can address:

• Whether you want life-sustaining treatment continued or withdrawn
• Your preferences on artificial nutrition and hydration
• Requests for comfort and pain management care
• Instructions specific to pregnancy, if applicable

Taking the time to put a living will in place gives your family a clear path forward and spares them from making difficult calls without your guidance. You can take control of your healthcare with a living will, and the right time to act is before a crisis makes it impossible.

Texas Signing Requirements

Under Texas Health and Safety Code § 166.032, a living will must be signed before two witnesses or a notary public. Witnesses cannot be related to you by blood or marriage, entitled to any part of your estate, your attending physician or their employee, or a staff member of the healthcare facility where you are a patient. A document signed before an ineligible witness may not be honored by a hospital or physician. Our team walks every client through the signing process before execution to catch any problems before they arise.

Living Will vs. Medical Power of Attorney

A living will records what you want. A medical power of attorney names someone you trust to make decisions when you cannot. These documents serve different purposes, and most estate planning professionals recommend having both. If a situation comes up that your living will does not directly address, your healthcare agent can fill the gap.

Together, a living will and medical power of attorney give you the most complete protection Texas law allows. If you are also planning a last will and testament, our team handles both at once. Our attorneys serve clients across Dallas, Houston, and Austin, so families with ties to multiple Texas cities can rely on us.

When to Create a Living Will

Texas law allows any competent adult aged 18 or older to create an advance directive at any time. Waiting until a health crisis is not a strategy, because by then it may be too late to sign a valid document. Common reasons Dallas residents create a living will include:

• A new diagnosis of a chronic or serious illness
• Upcoming surgery or a planned hospitalization
• Watching a family member face end-of-life care without a directive
• Retirement or other major life transitions
• Completing an estate plan that does not yet include one

Why Dallas Families Trust Ford + Bergner, LLP

For 25 years, we have guided Dallas residents through some of the most personal decisions in estate planning. We take the time to understand your situation before putting anything on paper, and we believe your living will should reflect your voice, not a generic form. When you work with our firm, you receive:

• Personalized attention: We review your medical circumstances, family dynamics, and personal values before drafting anything.
• Legally sound documents: Every directive follows the requirements of the Texas Health and Safety Code.
• Plain-language explanations: We walk you through what each provision means in practical terms.
• Coordinated planning: A living will works best alongside a medical power of attorney, a will, and other documents we can prepare at the same time.

Frequently Asked Questions About Living Wills in Dallas

Can You Revoke Your Living Will After You Sign It?

Yes. You can revoke a living will at any time by destroying the document, signing a written revocation, or telling your attending physician directly. No reason is required. Your physician must record the revocation in your medical file once informed.

What Happens If You Do Not Have a Living Will?

Without a directive, medical providers generally default to providing all available treatment. Your family may be asked to make decisions with no guidance from you. Texas has a surrogate decision-making process that determines who speaks for you, but it can create family conflict and may not produce the outcome you would have chosen.

Does Your Out-of-State Living Will Work in Texas?

Texas will generally honor a directive that was valid where it was signed, provided it does not conflict with Texas law. That said, different states use different forms and languages, which can confuse medical providers. A Texas-specific document is the safest option if you live here or receive ongoing care here.

Does Your Doctor Have to Follow Your Living Will?

A physician who will not follow your directive must inform you promptly and make a reasonable effort to transfer your care to a provider who will. Texas law does not permit a hospital or physician to simply disregard a valid advance directive without completing the transfer process set out in the Texas Health and Safety Code.

Protect Your Healthcare Wishes Today

A living will is the clearest way to make sure your voice is heard when you may not be able to speak. Our team at Ford + Bergner, LLP takes the time to go through every provision with you so nothing is left to chance.

Call (214) 389-0887 or fill out our online contact form to schedule your appointment.