Living Wills Attorney in Austin, TX

A living will in Texas is a written document called a Directive to Physicians and Family or Surrogates, and it tells your doctors whether you want life-sustaining treatment withheld or withdrawn if you are diagnosed with a terminal or irreversible condition. Texas law replaced the old term “living will” with this directive decades ago, though most people still use the familiar name. Without one in place, your family may be left guessing what you would have wanted, or arguing about it during an already difficult time.

A living will is only one part of planning for a medical crisis. Most people pair it with a medical power of attorney, which names someone to make health care decisions on your behalf while you are still alive but unable to communicate. Together, these documents ensure your wishes are followed and that someone you trust speaks for you.

Ford + Bergner, LLP helps Austin clients put these documents in place before a crisis forces the issue. We walk you through each decision so the final document reflects what you actually want, not just a standard form. Fill out an online contact form or call (512) 610-1100 to schedule an appointment with our attorneys to discuss your estate planning.

What Texas Law Requires for a Valid Directive

Texas Health and Safety Code Chapter 166 governs advance directives, including the directive to physicians. Under Texas Health and Safety Code § 166.032, any competent adult can execute a directive, which must be signed in front of two competent adult witnesses or notarized in place of witnesses. At least one witness cannot be a person involved in your health care or entitled to any part of your estate.

The directive only takes effect once your attending physician determines you have a terminal or irreversible condition and are unable to make your own medical decisions. Until that point, you remain in control of your own care. These directives are in effect alongside the rest of your advance care planning documents, including a do-not-resuscitate order.

A valid directive generally needs to include the following:

• Your signature as the declarant (the person making the directive), made voluntarily and while competent
• Two qualified witness signatures, or notarization instead of witnesses
• Clear instructions about life-sustaining treatment in a terminal or irreversible condition
• A copy of the directive placed in your medical records, or otherwise made known to your attending physician

What Happens Without a Living Will in Place

Without a directive, decisions about life-sustaining treatment usually fall to family members under Texas law, following a specific order of priority. That can lead to disagreement among family members who have different opinions about the right course of treatment. It can also delay treatment decisions at a time when your medical team needs an answer.

A living will settles the question ahead of time. It puts your own wishes in writing, signed and witnessed under Texas law, so your family and doctors know exactly what to do without having to reconstruct your preferences from memory. This matters most in situations involving a serious accident or a progressive illness, when decisions often need to be made quickly. Families who have never discussed these wishes are left making difficult choices under pressure, often without any guidance to fall back on.

How Our Attorneys Help Austin Clients Put a Plan in Place

Our attorneys work with Austin clients to draft a directive that reflects their actual wishes, not a generic form pulled off the internet. We discuss different medical scenarios so the document holds up when it matters most. From there, we pair the directive with a medical power of attorney and other estate planning documents where appropriate, so the people around you know exactly who is authorized to act.

This process typically includes:

• Reviewing your current health situation and family circumstances
• Drafting a directive tailored to your specific wishes
• Coordinating witness signatures or notarization
• Updating existing estate planning documents to stay consistent

Because a living will works alongside a broader estate plan, our attorneys also review how it fits with your will, any trusts, and your medical and financial powers of attorney. Gaps between these documents can create confusion for your family later. We look at the full picture rather than drafting a single form in isolation, so every part of your plan points in the same direction.

Why Austin Clients Choose Ford + Bergner, LLP

Ford + Bergner, LLP has spent 25 years helping Texas families put estate planning documents in place before they are needed. Our attorneys listen first, then recommend a plan built around your specific circumstances rather than a one-size-fits-all package. Clients come to us for both straightforward directives and more complex estate plans, and we bring the same depth of experience to every living will we draft in our Austin, Houston, and Dallas practices.

Frequently Asked Questions

Can You Change My Living Will After You Sign It?

Yes. You can revoke or replace a directive at any time while you are competent, whether by destroying the old document, signing a new one, or telling your physician directly that you want it revoked.

Does a Living Will Cover Financial Decisions?

No. A living will addresses medical treatment only in the event of a terminal or irreversible condition. Financial decisions require a separate document, typically a durable power of attorney.

Do You Need a Living Will If You Already Have a Medical Power of Attorney?

Yes. Even if you already have a medical power of attorney, a living will is still worth having, since the power of attorney names someone to make decisions for you, while a living will tells that person and your physicians what you actually want done.

Is a Living Will From Another State Valid in Texas?

It depends on how the document was executed. Texas generally recognizes directives that were validly executed under another state’s law, but our attorneys will still review and draft your documents to ensure they hold up here.

Talk to Ford + Bergner, LLP About Your Living Will

Putting a living will in place now means your family will not have to guess what you wanted during a medical crisis. Ford + Bergner, LLP helps Austin clients draft directives and related estate planning documents that hold up when they are needed most. Fill out an online contact form or call (512) 610-1100 to get started.