Free "Living Will" Form

The tragic situation involving the family of Ms. Terri Schiavo in Florida, has focused much attention on the document commonly referred to as a "Living Will." In Texas, this document is actually called a "Directive to Physicians and Family or Surrogates." Here are a few simple questions and answers about "Living Wills" and some related documents:

What is a Living Will?
   This is a document (in Texas, referred to as a Directive to Physicians and Family or Surrogates) that allows you to tell doctors and hospitals in advance that you do not want to be kept alive on support systems if there is no hope of a recovery to a normal life.

Do doctors have to honor such directives?
   Yes. In fact, if your doctor chooses not to honor your Living Will, he or she is legally bound to find you another doctor who will honor it.

Can I change my mind if I have made such a declaration?
   Yes. You can cancel your Living Will by revoking it or simply by destroying it. Be sure you destroy all copies of the document.

What other documents are related to Living Wills?
   You should also consider preparing a "Medical Power of Attorney" and a "Do Not Resuscitate" form. The Medical Power of Attorney gives authority to a person of your choosing to make medical decisions for you if you are incapacitated, and unable to make decisions yourself.
   The out-of-hospital Do Not Resuscitate form instructs emergency medical personnel and other health care professionals to forgo resuscitation attempts, and to permit the patient to have a natural death with peace and dignity.
   Obviously, if paramedics do not know you have a Do Not Resuscitate form, it does you no good. However, you can wear a Do Not Resuscitate necklace or bracelet to notify them. For information regarding a Do Not Resuscitate identification device, contact the Texas Department of State Health Services at (512) 458-7111.

Can I prepare the Living Will and other papers myself?
   Yes, but we recommend you consult an attorney for the preparation of a Living Will. If you do decide to prepare your own Living Will, without the advice of an attorney, you can click on these links to view sample Living Will, Medical Power of Attorney, and Do Not Resuscitate forms. These forms can be printed and filled in appropriately.
   Again, we recommend you have an attorney prepare these papers. If you do them yourself, be certain to read them very carefully. Some of the language can be confusing, and you must remember that when these documents are used, you may be unable to communicate your wishes. Be sure you understand exactly what you are signing.

Who should know about my Living Will
   In addition to letting your spouse, parents, and older children know about your Living Will, it is a good idea to discuss and send a copy of your Living Will to your physician and to any family member who might be in a representative position for you, such as the person named as executor in your will. This should help ensure that your intentions are carried out in the event your Living Will has to be used.

Where should I keep my Living Will?
   The original should be kept in a fire-proof place, such as a safety deposit box. Just be sure someone other than yourself is able to get to your Living Will if it is needed.