Living Wills & Advance Directives in Southlake

Clear Medical Wishes, Legally Protected for You & Your Family

When illness or injury makes it impossible to communicate, a living will tells physicians what treatment you want and what you don’t. These documents don’t replace a will or trust. They belong to a distinct category of estate planning focused entirely on medical decisions. Our Southlake estate planning attorneys help clients draft, coordinate, and update these documents so their healthcare wishes are legally clear.

Texas recognizes three core advance directives: a Directive to Physicians and Family or Surrogates (the living will), a Medical Power of Attorney, and an Out-of-Hospital DNR order. Many clients benefit from having all three in place and aligned with one another.

What Texas Law Requires for a Valid Directive

The Texas Advance Directives Act, codified in Health and Safety Code Chapter 166, governs how a Directive to Physicians, Medical Power of Attorney, and Out-of-Hospital DNR order may be created, executed, and revoked. A few key definitions are worth understanding before you sign anything.

Life-sustaining treatment under Section 166.002 includes mechanical breathing machines, kidney dialysis, and artificially administered nutrition and hydration. Pain management medication is explicitly excluded from that definition. A directive to physicians takes effect once executed and remains in effect until revoked.

Competency is required to create a directive, but it’s not required to revoke one. You can change your mind at any time, for any reason. Texas law also allows a signature on a directive, an Out-of-Hospital DNR, or a Medical Power of Attorney to be acknowledged by a notary rather than witnessed, provided certain additional requirements are satisfied.

Living Wills vs. Medical Power of Attorney: Key Differences

A Directive to Physicians applies once you become incompetent and can no longer communicate treatment preferences. It speaks directly to physicians about specific life-sustaining interventions under terminal or irreversible conditions. A Medical Power of Attorney operates differently: it names an agent to make healthcare decisions any time you lack decision-making capacity, not only at end of life.

That distinction matters in practice. A serious but temporary incapacity following surgery or an accident falls outside the scope of a living will but fully within the scope of a Medical Power of Attorney. Having both documents in place can help address your wishes across a wider range of medical situations.

What Happens Without These Documents

Without a valid advance directive, families in Southlake facing a loved one’s incapacity may find themselves in a guardianship proceeding in Tarrant County’s statutory probate courts. Guardianship is a court-supervised process in which a judge appoints someone to make medical, placement, or financial decisions for a person who can no longer make them independently. Texas courts must consider less restrictive alternatives before establishing a guardianship, but the process is often costly and time-consuming. Properly executed advance directives can reduce the need for guardianship in healthcare decision-making.

Why Clients Choose Justice Law Firm, PC for Advance Directive Planning

We combine the thoroughness expected of a large practice with the individualized attention that clear communication requires. We don’t hand clients a form. We sit down with them, understand their specific circumstances, and draft documents that reflect what they actually want.

Our attorneys handle family law, divorce, and collaborative law alongside estate planning, which means we understand how these documents intersect with broader family dynamics. That context informs our advice. We also stay in close contact throughout the process, so clients know where their documents stand and what still needs to be done.

What to Expect When Working with Our Team

We handle the legal work involved in preparing a living will and coordinating it with a Medical Power of Attorney so the documents work together without conflict. Clients don’t need to parse statutory language or track execution requirements on their own.

Circumstances change. A new diagnosis, a marriage, a divorce, or a significant shift in treatment preferences can all affect what a directive should say. We advise clients to revisit these documents routinely and are available to help with updates whenever life changes in ways that matter.

Schedule Your Consultation in Southlake

Preparing a living will and healthcare directive is one of the most direct steps you can take to help protect your medical autonomy and reduce uncertainty for your family. We serve clients throughout Southlake and Keller and can help you get these documents in order.