Austin Living Will Attorney
We put your medical wishes in writing with a directive to physicians, medical power of attorney, and HIPAA release, so your family isn’t left guessing
At Hailey-Petty Law Firm, PLLC, we understand your need for security and certainty in unpredictable times. Our Austin team provides caring, knowledgeable help with advance health care directives and the rest of your estate plan. That includes the hard conversations about end-of-life care and medical choices. Managing attorney Pamela Hailey-Petty leads the firm. Associate attorneys Jonathan Long and Jessica Rojas Quesada prepare these documents alongside her.
Understanding the Necessity of a Living Will
The Texas Advance Health Care Directive, Explained
In Texas, the Directive to Physicians and Family or Surrogates is often called a living will. It lets you state your wishes about certain medical treatment if illness or injury leaves you unable to communicate those choices yourself. The document gives your health care providers and family written guidance instead of leaving them to guess what you would have wanted.
Why a Living Will is Essential
A living will records your treatment preferences for situations covered by the directive. A medical power of attorney serves a different role by naming an agent who can make health care decisions when you are unable to make them yourself. An attorney can help you understand how the documents work together and make sure they are completed in a way that reflects your wishes and Texas requirements.
When to Consider a Living Will
A living will can help adults put certain future health care choices in writing before a serious illness or injury makes communication difficult. Clear instructions can also give loved ones and health care providers more guidance when difficult treatment decisions arise.
Certain life events often prompt people to review these documents, including a scheduled surgery, a serious diagnosis, or a child reaching adulthood. At 18, a person generally becomes a legal adult, so parents no longer automatically have authority to make health care decisions on their behalf. A medical power of attorney and appropriate authorization for access to medical information can help an adult child decide who may act or receive information if needed.
The Documents That Make Up Your Health Care Plan
A Texas health care planning package may include several documents, and each serves a different purpose.
- Directive to Physicians and Family or Surrogates: Often called a Texas living will, this document states your wishes about life-sustaining treatment in certain circumstances, including terminal or irreversible conditions.
- Medical Power of Attorney: This document names an agent who can make health care decisions for you when you are no longer able to make them yourself. The agent acts according to your stated wishes, including any instructions you provide in the document or elsewhere.
- HIPAA Authorization: This allows health care providers to share specified medical information with the people you authorize, subject to the terms of the document and applicable privacy rules.
- Out-of-Hospital Do-Not-Resuscitate Order: An OOH-DNR directs health care professionals in out-of-hospital settings not to begin or continue certain resuscitation measures. It is a medical order with its own Texas execution requirements. We can explain how it differs from a living will and when it may be appropriate to discuss one with your physician.
Depending on your estate plan and health care wishes, we can prepare or coordinate the legal documents that apply and explain how they work together with any medical orders from your health care providers.
Personalized Living Will Creation
Hailey-Petty Law Firm can help you prepare a directive that reflects your treatment preferences and coordinate it with related health care planning documents. We also help you think through the choice of a health care agent and the instructions you want that person to follow. The goal is to put your wishes in clear written form before someone else may need to act for you.
Start Planning Today
Creating a living will allows you to document certain treatment choices before they are needed. We help you consider the decisions covered by the directive, put those preferences in clear language, and coordinate the document with your medical power of attorney and other health care planning documents.
Get in Touch with Our Austin Living Will Attorneys
At Hailey-Petty Law Firm, we take an education-first approach to health care and estate planning. We explain what each document does, when it becomes effective, and how it fits with the rest of your plan before you sign. Our workshops and video resources also provide additional information for clients who want to learn more before a consultation.
Managing attorney Pamela Hailey-Petty brings a background in economics, finance, and business to the firm’s broader estate planning work. Our Austin attorneys also help clients coordinate health care directives with wills, powers of attorney, and other planning documents.
Frequently Asked Questions
Do I need both a living will and a medical power of attorney?
They serve different purposes and are often used together. A living will records your wishes about certain life-sustaining treatment decisions, while a medical power of attorney names an agent who can make health care decisions when you are unable to do so. Whether you need both depends on your planning goals and circumstances.
Who should I choose as my health care agent?
Choose someone you trust to understand your values, communicate with health care providers, and follow your wishes even under pressure. The person does not have to be your spouse or oldest child. You may also want to name an alternate agent in case your first choice is unavailable or unable to serve.
Where should I keep these documents?
Keep the documents somewhere accessible and make sure the people who may need them know where they are. You may also provide copies to your health care agent, physician, or other trusted people involved in your care. The goal is to make the documents available when a medical decision has to be made.