Living Wills: What You Should Know

 Posted on May 07, 2026 in Estate Planning

Wills aren’t just for making sure your assets get passed to the right person after you die. If something happens that incapacitates you so that you can’t communicate, decisions may be made for you that you don’t agree with. A living will prevents this.

While it’s not always comfortable to think about worst-case scenarios, setting up a living will can prevent you and your loved ones from significant heartache if something goes wrong. It’s almost always easier to make decisions in advance rather than in the emotional whirlwind of an emergency. If you're trying to plan ahead in 2026, a Flower Mound estate planning lawyer can help you through the process.

What Does a Living Will Do?

A living will (technically called a Directive to Physicians and Family or Surrogates in Texas) is a legal document that tells medical professionals how you want to be treated if you become incapacitated and can no longer communicate your wishes. It's a type of advance directive; it speaks for you in a situation where you can no longer speak for yourself. Doctors and healthcare providers are legally required to follow their instructions unless they have ethical reasons not to, in which case they can transfer your care to another doctor.

A living will is different from a traditional will, which distributes your property and assets after death. A living will deals exclusively with medical decision-making while you're still alive but unable to advocate for your own care.

People sometimes assume that a living will is only for the elderly or the seriously ill. This is not the case. Serious accidents can happen to any person in any age group at any point. Having a living will in place well before you think you'll need one is the surest way to make sure your wishes are followed.

What Can You Include in a Living Will in Texas?

A living will can be as specific as you want it to be. You don't have to anticipate every possible medical scenario, but the more clearly your wishes are stated, the more useful the document is. Common decisions addressed in a living will include:

• Whether you consent to mechanical ventilation or other breathing assistance
• Whether you want a feeding tube or IV nutrition, if you cannot eat on your own
• Whether you would like to be resuscitated or not in the event you flatline
• Which medications you do or do not consent to receiving
• Palliative or comfort care preferences
• Organ and tissue donation preferences
• Whether you want to spend your final days at home or in a medical facility
• Consent for an autopsy or donation of your body to science

These are deeply personal choices. A living will ensures those choices stay yours, even if you're no longer in a position to explain them. It also gives medical teams a clear framework for making judgment calls in high-pressure situations.

Is a Living Will the Same as a Medical Power of Attorney?

These two documents are related but serve different purposes. A living will states your specific medical preferences in writing. It's basically a set of instructions. A medical power of attorney designates another person to make medical decisions on your behalf when you can't. That person acts according to your known wishes but also has the flexibility to respond to situations your living will may not have anticipated.

Many estate planning attorneys recommend having both documents in place. A living will gives direct, specific instructions, and a medical power of attorney fills in the gaps when a situation arises that your living will didn't address. Together, they form a very complete picture of your end-of-life wishes and give both your family and your medical team clear direction.

What Makes a Living Will Valid in Texas?

Under Texas Health and Safety Code § 166.003, your living will must be signed in the presence of two qualified witnesses or a notary public. Those witnesses must:

• Be a competent adult (18 years old)
• Not be related to you by blood or marriage (at least one)
• Not be your attending physician, an employee of your attending physician, or anyone else at a medical facility directly involved in your care
• Not stand to inherit anything from your estate

Your signature must also be given voluntarily and while you are of sound mind. If there's any evidence that you signed under pressure or undue influence from another person, the document can be invalidated.

Is a Living Will Permanent?

As long as you are mentally competent, you can revoke or revise your living will at any time. You can draft a new one with updated terms or simply destroy the old document if your wishes have changed. If you are considering updating an existing living will, an estate planning attorney can help make sure you cover all the areas that are important to you.

Call a Denton County, TX Estate Planning Lawyer Today

Our Flower Mound estate planning attorney brings years of experience in estate planning, elder law, probate, and business litigation to every client he serves. His background also includes having served as an administrative law judge and as a tribal judge for the Chickasaw Indian Nation. Call Colbert Law Group PLLC at 972-724-3338 to set up your first appointment and get your affairs in order.