Texas Living Will Statute

In texas if you die without a will your property will be distributed according to state intestacy laws.

Texas living will statute.

This document is usually known as a living will. The main provisions of texas living wills law are listed in the table below. In texas any person eighteen 18 year of age or any married minor or minor in the armed forces and of sound mind may make a will. The statutes available on this website are current through the 86th legislature 2019.

Second you should make a document setting out the types of medical treatment you would or would not like to receive in certain situations. It is strongly recommended that you contact an attorney for advice specific to your situation. In texas the official name for this form is a medical power of attorney. Under texas living wills laws doctors who are unwilling to follow a durable power of attorney perhaps for religious reasons must make an effort to transfer the patient to another physician.

The texas constitution is current through the amendments approved by voters in november 2019. Texas law now allows an option for a person s signature to be acknowledged by a notary instead of witness signatures and for digital or electronic signatures on the directive to physicians out of hospital do not resuscitate order and the medical power of attorney if certain requirements are met. 1 the law of the state or foreign country where the will was executed as that law existed at the time of the will s execution. If you have neither a spouse nor children your grandchildren or your parents will get your property.

Texas s intestacy law gives your property to your closest relatives beginning with your spouse and children. Directive to physicians living will requires two witnesses or a notary public but is not valid if pregnant. The state law library is unable to give legal advice legal opinions or any interpretation of the law. Durable power of attorney for health care requires two witnesses.

Or 2 the law of the state or foreign country where the testator was domiciled or had a place of residence as that law existed at the time of the will s execution or at the time of the testator s death. Please have your attorney review the law in health and safety code chapter 166. In texas the laws regarding the valid execution and witnessing of a will are set forth in the texas probate code chapter 4 execution and revocation of wills sections 57 through 61. Texans can dial 2 1 1 option 6 for information on covid 19 and local resources on health care utilities food housing and more.

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