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Nearly a decade ago, the Texas Legislature passed the Texas Advance Directives Act, which clarifies the rights of adult patients to make important legal decisions about their health care in advance.
Texas law provides for four types of advance directives. You can create one or more, to meet your particular needs and wishes.
Key things to know:
- Advance directives do not need to be notarized, only witnessed, signed and dated.
- Two witnesses are required. Only one of them may be a family member or caregiver.
- The lack of advance directives will not impact your access to care.
- Having an advance directive will not affect insurance policies or premiums.
- Advance directives executed in another state are valid in Texas.
- If one advance directive conflicts with another, the later document supersedes.
- Advance directives executed before Sept. 1, 1999, are still valid, but are governed by the law in effect when executed.
- You can revoke an advance directive at any time.
- The national Five Wishes program does not meet all of Texas’ legal requirements; it is best to document your desires using Texas forms.
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