Life Sustaining Statute, Texas
Directive to Physicians as Provided by Texas Natural Death Act: Section 3
DIRECTIVE TO PHYSICIANSDirective made this _________________ day of ___________. I ____________, being of sound mind, willfully and voluntarily make known my desire that my life shall not be artificially prolonged under the circumstances set forth below, and do hereby declare:
1. If at any time I should have an incurable condition caused by injury, disease or illness certified to be a terminal condition by two physicians, and where the application of life- sustaining procedures would serve only to artificially prolong the moment of my death and where my attending physician determines that my death is imminent whether or not life-sustaining procedures are utilized, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally.
2. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this directive shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.
3. If I have been diagnosed as pregnant and that diagnosis is known to my physician, this directive shall have no force or effect during the course of my pregnancy.
4. I have been diagnosed and notified at least 14 days ago as having a terminal condition by _________________, M.D., whose address is ____________, ________.I understand that if I have not filed in the physician’s name and address, it shall be presumed that I did not have a terminal condition when I made out this directive.
5. This directive shall be in effect until revoked.
6. I understand the full import of this directive and I am emotionally and mentally competent to make this directive.
7. I understand that I may revoke this directive at any time.
Signed _________________________________________________City of residence: _______________
County of residence: _____________
State of residence: ______________The Declarant has been personally known to me and I believe him or her to be of sound mind. I am not related to the Declarant by blood or marriage, nor would I be entitled to any portion of the Declarant’s estate on his decease, nor am I the attending physician of Declarant or an employee of the attending physician or a health facility in which the Declarant is a patient or any person who has a claim against any portion of the estate of the Declarant upon his decease.
Witness:__________________________________________________
Witness:
__________________________________________________Witness:
__________________________________________________
STATE OF TEXAS
COUNTY OF _______________________Before me, the undersigned authority, on this day personally appeared __________________, __________________________ and __________________________ and _______________________________ known to me to be the Declarant and witnesses whose names are subscribed to the foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the Declarant _________________ declared to me and to the said witnesses in my presence that the said instrument is his Directive to Physicians, and that he willingly and voluntarily made and executed it as his free act and deed for the purposes therein expressed.
Declarant:
___________________________________________________________
Subscribed and acknowledged before me by the said Declarant _____________ and by the said witnesses ________________________ and _____________________________ on This ______________ day of ___________________________________________, 20______.______________________________________________
Notary Public in and for
___________________________ County, TexasDirective to Physicians as Provided by Texas Natural Death Act: Section 3
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Texas. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is the Texas Natural Death Act?
The Texas Natural Death Act provides for a Directive to Physicians, which allows individuals to declare that their life shall not be artificially prolonged under certain circumstances. The directive is a legal document that expresses a person's desire to withhold or withdraw life-sustaining procedures when specific conditions are met. It is part of Texas law governing end-of-life decisions.
What is a Directive to Physicians in Texas?
A Directive to Physicians is a legal document provided by the Texas Natural Death Act, specifically Section 3. It allows a person to willfully and voluntarily make known their desire that their life not be artificially prolonged under the circumstances set forth in the directive. The directive includes a declaration and specific instructions regarding life-sustaining procedures.
When can life-sustaining procedures be withheld or withdrawn under the Texas directive?
Under the directive, life-sustaining procedures may be withheld or withdrawn if the person has an incurable condition caused by injury, disease, or illness that is certified to be a terminal condition by two physicians. Additionally, the application of life-sustaining procedures must serve only to artificially prolong the moment of death, and the attending physician must determine that death is imminent whether or not life-sustaining procedures are utilized. In such cases, the directive states that procedures be withheld or withdrawn, and the person be permitted to die naturally.
Who needs to certify a terminal condition for the Texas Directive to Physicians to apply?
The directive requires that a terminal condition be certified by two physicians. This certification is necessary for the directive's provisions regarding the withholding or withdrawal of life-sustaining procedures to take effect. The attending physician must also determine that death is imminent regardless of whether life-sustaining procedures are used.
What is the role of the attending physician in the Texas Directive to Physicians?
The attending physician determines whether death is imminent whether or not life-sustaining procedures are utilized. This determination is a key condition for the directive to apply. The physician is also among those who must honor the directive as the final expression of the person's legal right to refuse medical or surgical treatment.
How does the Texas Directive to Physicians address the absence of the person's ability to give directions?
The directive states that in the absence of the person's ability to give directions regarding the use of life-sustaining procedures, it is their intention that the directive be honored by their family and physician(s). It is to be treated as the final expression of their legal right to refuse medical or surgical treatment and accept the consequences of such refusal. This ensures that the person's wishes are respected even when they cannot communicate them.
What is the legal right to refuse medical treatment under the Texas Natural Death Act?
The Texas Natural Death Act, through the Directive to Physicians, affirms an individual's legal right to refuse medical or surgical treatment. The directive serves as the final expression of that right when the person is unable to give directions. By honoring the directive, family and physicians accept the consequences of the refusal as intended by the person.
What is the purpose of the Directive to Physicians form in Texas?
The purpose of the Directive to Physicians form is to allow a person to willfully and voluntarily declare that their life shall not be artificially prolonged under the circumstances set forth in the directive. It provides a legal means to direct that life-sustaining procedures be withheld or withdrawn when specific conditions are met. The form includes a declaration and numbered provisions outlining the person's wishes.
What does 'sound mind' mean in the context of the Texas Directive to Physicians?
In the directive, the person declares that they are 'of sound mind' when making the directive. This indicates that they have the mental capacity to understand and make decisions about their medical care. The directive is made willfully and voluntarily, reflecting the person's intentional choice.
What happens if a person has been diagnosed as pregnant in the Texas Directive to Physicians?
The provided article text is incomplete and cuts off at 'If I have been diagnosed as pre'. Therefore, the specific provisions regarding a pregnancy diagnosis are not fully stated in the available text. To understand the complete directive, one should refer to the full text of the Texas Natural Death Act.
