Taking Control Through Advance Care Planning: Setting Up an Advance Directive in Texas

Advance care planning is an important step to ensure your future healthcare decisions are respected in the event that you become unable to communicate them yourself. In Texas, there are several documents that together are known as an Advance Directive, which allow you to make your wishes known and have them followed even if you cannot do so yourself. This article explains the steps for setting up an Advance Directive in Texas, as well as the importance of having one in place.

An Advance Directive is a legal document that allows individuals to have a say in the health care decisions that will be made on their behalf in case they lose the ability to make decisions for themselves. It is commonly used for life-sustaining treatment, such as end-of-life decisions. In Texas, individuals may use an Advance Directive to outline their healthcare wishes and designate someone to act as their proxy. This person is known as a healthcare agent and they will make medical decisions according to the wishes of the individual if they are unable to do so themselves. The Advance Directive also allows individuals to state their wishes regarding organ donation and other medical treatments.

In the state of Texas, any adult resident over the age of 18 is eligible to create an advance directive. This includes both mentally competent and incompetent individuals, as long as the latter has been declared legally incompetent by a court of law. The advance directive must be signed and dated by the individual, or another person authorized to do so on their behalf, such as a legal guardian or attorney-in-fact. If a medically certified physician or adult witness is present for the signing, the directive will have more authority in a court of law. It is also recommended that the individual have two witnesses present during the signing of the document. The witnesses must not be related to the individual in any way, and must also not be a part of the medical team directly providing care to them. By following these guidelines, individuals are able to create an advance directive in Texas that will stand up in court.

Advance directives provide a way for a person to express their wishes for how they will be treated if they ever become incapable of making their own decisions. For residents of Texas, the ability to plan for their future healthcare needs is critical; not only can advance directives help individuals ensure that their wishes are honored if they are ever unable to make decisions but having one in place can also help to ease the burden of difficult decisions that family members may have to make without clear guidance.

The Texas Advance Directive Act is a state-legislated form of advance directive that makes clear who will make healthcare decisions on behalf of the patient if he or she no longer can. Those decisions can include anything from end-of-life care to mental health care and can be as specific or as broad as the patient wishes them to be. The Act also clearly designates who has the legal authority to make those decisions if necessary. This ensures that the treatment a person receives is in line with their wishes, or if their wishes are unknown, that the decision-makers put their best interests first.

Perhaps most importantly, setting up an advance directive in Texas gives individuals the power to make sure their rights are respected in the event that they are ever unable to make their own healthcare decisions. Advanced directives allow people to make sure they receive the care they want, when they want it, and provide a sense of comfort and assurance that their medical wishes will be honored even if they are unable to express them.

An advance directive allows a person to express their wishes for medical care should they be unable to make decisions for themselves at any point in the future. In Texas, an advance directive must include the following:

1. Appointment of Agent: The appointee will make medical decisions on behalf of the person if they are unable to do so.

2. Medical Order for Scope of Treatment (MOST): This document states the types of care that the person wants and does not want to receive. This includes life-sustaining treatment, such as ventilators and feeding tubes, pain relief, and other forms of palliative care.

3. Do Not Resuscitate (DNR) order: This document states that the person does not want to receive cardiopulmonary resuscitation (CPR) in the event of cardiac arrest.

4. Medical Directive Instructions: This section allows the person to provide instructions for specific treatments they would or would not like to receive.

It is important to note that an advance directive is voluntary and the document is only legally binding if it complies with Texas state laws. It is also important to communicate one's wishes to family members and to review the document regularly in case there are any changes that need to be made.

When setting up an advance directive in Texas, it is important to consider a few key points. First, an advance directive must be in writing and must be signed by the person creating the directive while they are of sound mind and capable of making their own decisions. Additionally, two adult witnesses must be present when the document is signed, though the witnesses cannot be family members, the person's healthcare power of attorney, or someone who stands to be financially impacted by the decision.

The document should include information on what medical treatments the person wants or doesn't want to receive in the event they become incapacitated. This can include decisions regarding life support, ventilator support, resuscitation, organ donation, and/or other interventions. It is important to note that it is not sufficient to simply state a preference for or against a certain treatment without indicating why that preference exists. For example, if a person wishes to deny life support treatments, it should be made clear whether this applies to all life support treatments or if there are any exceptions that should be taken into consideration.

It is also important to note that the advance directive must be created and signed before other documents such as healthcare powers of attorney. This is because an advance directive is meant to indicate the person's wishes even if they have not appointed someone to make decisions on their behalf. Finally, it is important to keep the advance directive document in a secure place where it can easily be accessed by those who need it.

Creating an advance directive in Texas is a simple and important process. An advance directive is a document that allows you to express your wishes regarding your medical care and treatment, should you become unable to make decisions for yourself. Here are the steps you should take to set up an advance directive in Texas:

1. First, you need to decide what type of document you want to create. The two most common types of advance directives are a health care power of attorney and a living will. A healthcare power of attorney allows you to designate someone else to act as your agent and make medical decisions for you, if you are unable to do so. A living will record your instructions and wishes regarding medical treatments, such as life-sustaining care.

2. Next, you will need to decide who you want to serve as your agent in the health care power of attorney. This individual should be someone you trust to follow your wishes and make decisions based on your best interests.

3. Once you have decided on the type of document and have identified your agent, you should obtain the appropriate form from the Texas Department of State Health Services or from a lawyer or notary public.

4. Read the entire document carefully, making sure that all the information is accurate and up-to-date.

5. Sign the document and have it notarized or witnessed by two individuals who are not related to you.

6. Make copies of the document and give it to your family and any other individuals who may be involved in making decisions about your care if you were incapacitated.

Creating an Advance Directive in Texas can be a powerful way to make sure your wishes are respected in the event of a medical emergency. It is important to understand what Advance Directives are, who can create them, and what they include in order to make sure you have the best possible plan in place. When considering setting up an Advance Directive, it is important to weigh the options carefully to ensure that your wishes are clearly expressed. With the help of an attorney, you can create an Advance Directive that meets your needs and provides you with peace of mind. Don't wait until it's too late, take the steps today to set up your Advance Directive and protect yourself in the future. Seek the guidance of an attorney to ensure your Advance Directive meets all the requirements in Texas.