Texas Will Laws

  Texas

Here you will find legal terms and their application by state as this can vary depending on where you live.

Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.

State Law Citation and Title

TX EST § 201.001 to 201.003

Texas Estates Code Title 2, Subtitle E, Chapter 201, Subchapter A (Intestate Succession)

State Law Statute

Health & Safety Code §166.031, et seq. Natural Death Act

Specific Powers

Medical procedure or intervention that uses mechanical or other artificial means to sustain, restore, or supplant a vital function and artificially postpone the moment of death of a patient in terminal condition whose death is imminent within a relatively short time without the procedure. Does not include administration of medication or performance of procedure to provide comfort or alleviate pain. May designate a person to make treatment decisions in the event declarant becomes comatose or otherwise incompetent.

Revocation Duration

A living will is revocable at any time without regard to declarants mental state or competency. A directive may be revoked by the declarant or someone in presence either by destroying the document, by signing and dating a written revocation, or by orally stating their intent to revoke. Revocation is effective when delivered or mailed to the attending physician, or when the physician notified of an oral revocation. The directive remains effective until revoked. The desire of a qualified, competent patient always supersedes directive.

Transfer Unwilling

Unwilling physician must make reasonable effort to transfer patient to another physician

Immunity Physician

Immune from effects of revocation if not adequately notified. No criminal or civil liability for failing to effectuate a directive if there is no knowledge of it. By complying with legal directive, one does not commit act of criminally aiding suicide. No civil, criminal, or professional liability for acting in accordance with this Act unless negligent.