Estate planning rules in Texas

Wills and supported decision-making agreements

A Texas will is in writing and bears the testator's signature or the signature of another person acting on the testator's behalf, in the testator's presence and at the testator's direction. Attestation of a Texas will involves two or more credible witnesses who are at least 14 years old.

A Texas supported decision-making agreement bears the voluntary signatures of the adult and supporter before two or more subscribing witnesses or a notary public. A supporter's assistance with accessing information under a Texas supported decision-making agreement is limited to information relevant to a decision authorized by the agreement.

Written directives and treatment review

A Texas written directive is effective without notarization, with a notary option available in place of witnesses. Execution of a witnessed Texas directive involves the declarant signing in the presence of two witnesses qualified under Section 166.003, at least one of whom qualifies under Section 166.003(2). The witnesses sign the Texas directive.

Notification of the attending physician about a Texas written directive is the declarant's responsibility. Another person may give that notification in Texas if the declarant is unable to communicate. A written revocation of a Texas directive takes effect once the physician is notified or the revocation is mailed to the physician.

A physician's refusal in the Texas life-sustaining treatment review process undergoes review by an ethics or medical committee. The attending physician is excluded from membership during the Texas committee review, and the patient receives life-sustaining treatment during the review. The Texas review committee considers the patient's well-being and is barred from judging the patient's quality of life.

Out-of-hospital do-not-resuscitate orders

Texas defines an out-of-hospital do-not-resuscitate (DNR) order as a legally binding order in the department-prescribed form, signed by the attending physician and documenting instructions from the person or an authorized representative. A Texas declarant signs an out-of-hospital DNR order before two qualifying witnesses, at least one meeting the Section 166.003(2) standard. The attending physician signs the Texas order as well.

A competent person's communicated wishes in Texas, including a competent minor's wishes, override an out-of-hospital DNR order executed by or for that person. A Texas declarant may revoke an out-of-hospital DNR order regardless of mental state or competency.

Medical powers of attorney

A Texas medical power of attorney agent's authority to act begins after the attending physician certifies the principal's incompetence in writing and files the certification in the medical record. Under the Texas medical power of attorney provisions, treatment may neither be given nor withheld if the principal objects.

Execution of a Texas medical power of attorney involves the principal signing in the presence of two witnesses qualified under Section 166.003, at least one qualifying under Section 166.003(2). Revocation of a Texas medical power of attorney may occur through oral notice, written notice or an act showing intent to revoke, regardless of the principal's competence or mental state.

Thresholds and rates change. Check the state's own current figures.

Common questions