Is a living will the same as an out-of-hospital DNR order?
Key takeaway
A living will and an out-of-hospital do-not-resuscitate order are distinct documents with different functions. A living will states a person's preferences about medical treatment, while a Texas out-of-hospital DNR order records instructions about resuscitation in a legally binding order. For business, real estate, and investment owners, the distinction matters when planning for a period when they cannot communicate their wishes.
What a living will describes
A living will describes treatment preferences. It can be part of an advance directive, which may also include a medical power of attorney naming an agent to speak and decide for the person.
A Florida living will takes effect upon loss of capacity or ability to communicate a decision if one of three conditions exists: end-stage disease, terminal illness, or persistent vegetative state.
What a Texas out-of-hospital DNR order does
A Texas out-of-hospital DNR order is a legally binding order in a prescribed form. The order documents the instructions of the person or an authorized representative, and the attending physician signs it.
A declarant signing the order must sign before two qualifying witnesses, at least one meeting the referenced statutory standard, and the attending physician must also sign. A competent person's communicated wishes, including those of a competent minor, override an order executed by or on that person's behalf.
Limits and revocation in Texas
A Texas out-of-hospital DNR order may not be honored if responding health care professionals at the scene do not determine that the specified conditions apply. In that situation, life-sustaining procedures required by law or local EMS protocols are initiated or continued.
A declarant may revoke the order at any time, regardless of mental state or competency. A DNR identification device on a person's body is conclusive evidence of a valid order. A health care professional or facility without actual knowledge of an order is not civilly or criminally liable for failing to follow it.