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TX.SUM
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1991-04-22
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#define.stb Defintions of legal terms
#help.tut Extra help
SUMMARY OF STATE LIVING WILL LEGISLATION
TEXAS
Synopsis: Texas has a strong living will law. The statute
requires that physicians/hospitals effectuate the living will but
ONLY of a patient who executes or re-executes the living will
after learning of a terminal diagnosis. If a living will is
executed before the diagnosis, the same is to be given weight by
the physician, who is also permitted to consider other data, such
as the knowledge that the family may have of the patient's
desires. If the declarant executes or re-executes the living will
after a terminal diagnosis, the living will is to be implemented,
or the physician may be guilty of unprofessional conduct if he
does not attempt to transfer the patient. To prepare a living
will using the State of Texas recommended form, please select
living will preparation from the opening menu. Remember that the
publisher recommends preparing a "uniform" living will in
addition to the form suggested with by the State of Texas. Please
also consider executing a living will for any State that you
spend more than a few weeks per year, or where you are a
temporary resident.
Statute number: Tex. Stat. Art. 4590h
Statute title: "Texas Natural Death Act"
Governmental Agency to contact for more information: None
specified
A specific form of living will is ***** required *****; since the
statute states that the living will "shall" be in the state
suggested form, then it is quite probable that if the state
required form is altered, or not used, that the "Directive to
Physicians" may be invalid
Witness requirements: Number: 2 and a separate notary
Relationship:
Witnesses may not be related by blood or marriage, may not be
beneficiaries either under a will or by the laws of intestacy,
nor may be the declarant's attending physician, an employee of
the physician, nor an employee of a hospital in which the
declarant is a patient; in addition, anyone with a claim against
the declarant's estate may not be a witness
Recording of the living will is not required
Revocation of the living will may be made by a separate document,
by physically destroying the living will (tearing or burning the
same etc.); a verbal revocation is effective if stated to the
attending physician; if a living will is revoked while the
person is a patient in a hospital, the physician or his designee
must write "void" on each page of the living will document.