TEXAS LEGAL INFORMATION

Witnesses: Two witnesses are necessary to the signature of the maker;

Who may be a witness? Under Texas law, the requirements for witnesses to a Living Will are as follows:
(1) each witness must be a competent adult; and
(2) at least one of the witnesses must be a person who is not:

1. a person designated by the declarant to make a treatment decision;
2. a person related to the declarant by blood or marriage;
3. a person entitled to any part of the declarant's estate after the declarant's death under a will or codicil executed by the declarant or by operation of law;
4. the attending physician;
5. an employee of the attending physician;
6. an employee of a health care facility in which the declarant is a patient if the employee is providing direct patient care to the declarant or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
7. a person who, at the time the written advance directive is executed or, if the directive is a nonwritten directive issued under this chapter, at the time the nonwritten directive is issued, has a claim against any part of the declarant's estate after the declarant's death.

Texas Health and Safety Code, § 166.003.

Notary: There is no express provision in the Texas statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;

Must health care agent sign form? No requirement that health care agent sign form;

Texas Statute containing living will requirements: Texas Health and Safety Code, Chapter 166; See § 166.033 for a suggested form for Texas Living Wills.

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