Texas Lawyers Prepare Living Wills  

Attorneys in Rockwall and Wylie help clients control their medical care

You have the right to direct what kind of healthcare treatment you receive. There might come a day when injury, illness or age prevents you from communicating your medical preferences in an end-of life situation. Fortunately, with prudent estate planning, you can develop an enforceable legal document, sometimes called a living will, to make your choices clear. At Grob & Associates Law Firm PC in Rockwall and Wylie, our estate planning attorneys draft living wills to help Texans maintain control over decisions regarding extraordinary medical measures when their condition is terminal.  

What is a living will?

A living will, also known as a Directive to Physicians and Family or Surrogates, is a legal document specifying your preferences for life-sustaining treatment. It instructs doctors on using, withholding or withdrawing interventions such as defibrillators, ventilators or feeding tubes. This legal instrument gives individuals the ability to make critical choices in advance rather than forcing doctors and family members to guess about grave matters. Without a living will, disagreements among loved ones could erupt, and might even end up in court. In Texas, a living will respects your autonomy and only takes effect if you are diagnosed as terminal or irreversibly comatose.

Benefits of living wills

Living wills offer peace of mind by clarifying your wishes, which eases the emotional burden on your loved ones during a health crisis. Your living will can prevent family conflicts over proposed treatments. Financially, living wills avoid the costs of litigating healthcare decisions as well as the expenses associated with prolonged hospital care contrary to your wishes. Our estate planning attorneys conform living wills to Texas law, ensuring full compliance and enforceability. As part of a comprehensive estate plan, living wills complement other tools, such as powers of attorney, which delegate authority to act on your behalf. We develop living wills for our clients because we believe they promote dignity and autonomy, while potentially reducing various expenses.

Living will options available in Texas

Texas offers flexible living will options under the Advance Directives Act. The standard Directive to Physicians and Family or Surrogates lets you specify conditions for withholding treatment, like terminal illness (death within six months) or irreversible conditions. You can customize for preferences like pain management or organ donation. For enhanced protection, you can combine a living will with a Medical Power of Attorney. This allows you to appoint an agent for decisions your living will does not cover. Elderly clients often use Out of Hospital Do Not Resuscitate (DNR) orders for nonhospital settings. You can rely on us to prepare legal documents that comply with the law and accurately reflect your wishes. 

Risks to individuals without living wills

When patients do not have a living will, Texas medical providers must sustain the individual’s life, which can produce unwanted, prolonged suffering or burdensome treatments. Family members seeking to exercise authority can face court battles for guardianship, expending thousands of dollars and enduring emotional turmoil. Ultimately, their decisions could contradict your wishes, since your surrogates would have to decide without your guidance. There are also financial risks to your estate, which include exhausting funds for extended care. Including a living will along with other estate planning documents, such as a standard will or a living trust to distribute property upon your death can give you and your family the security you all deserve.

When you have not executed an advance healthcare directive, healthcare providers and your family are bound by state law, which defaults to any and all available life-sustaining measures, regardless of your personal values.

Contact a North Texas estate planning attorney to discuss a living will

Grob & Associates Law Firm PC drafts living wills for North Texas clients who want to exercise control over medical interventions if their condition is grave and they are unable to communicate. For a consultation to discuss how to give your healthcare preferences legal force, please call 972-777-5701 or contact us online.