Living Wills: What You Should Know

 Posted on November 15, 2024 in Estate Planning

Most people avoid thinking about death whenever possible, for understandable reasons. However, in the event of an unexpected accident, sudden illness, or even just getting older, a legal document, or will, can outline exactly how you want medical professionals to treat you when you cannot make a decision for yourself or express your decision.

A Texas estate planning attorney can assist in the process of establishing your living will. Attorney Stephen Colbert has years of experience protecting the rights of clients in elder law, estate planning, business succession, and probate.

What is a Living Will?

A living will is a legal document that dictates the terms of your care in cases of advanced illness and injury when you can no longer communicate on your own behalf or understand what is happening. This can give doctors the authority to continue your treatment to the end of your life or to withhold treatment if that is what you want.

Is a Living Will Valid by Itself?

Printing out a living will and putting your signature on it is not enough to make it legally binding. Texas law mandates that you have to sign your living will in the presence of two witnesses or a public notary. These witnesses must be at least 14 years old and not related to you by blood or marriage. Moreover, the witnesses must not be entitled to receive anything from your estate upon your death.

In addition, for your living will to be considered valid, you have to sign completely of your own volition with a sound mind. If it is found that you signed the will under pressure or duress from another party, the living will can be rendered null because of undue influence.

Is a Living Will Permanent?

If you have reservations or second thoughts about your living will, you can always revoke or revise the terms as long as you are of sound mind. You can draft a new living will with updated terms to better reflect your wishes, or destroy the old document if you do not want it to be enacted.

What Can a Living Will Include?

A living will can outline your preferences for specific life-saving treatments. This might include whether you want to be hooked up to an IV drip or ventilator, resuscitated by CPR, or receive painkillers. In a living will, you can also include details about whether you want your organs to be donated upon your death. A living will might also cover whether you want to spend your last days at home or in a hospital.

Contact a Denton County, TX Estate Planning Lawyer

The decision to draft a living will should not be taken lightly, but at the same time, it can provide truly significant comfort for you and your family at the end of your life. Having a Flower Mound, TX estate planning attorney present when you create a living will can ensure that nothing is left unaddressed before your passing. Call Colbert Law Group PLLC at 972-724-3338 to discuss your options today.