An Advance Directive is written instructions about what health care you do or do not want in the future if you become incapable and a health care decision needs to be made.
This chapter may be cited as the Advance Directives Act. Added by Acts76th Leg. A a directive, as that term is defined by Section A that may be treated but is never cured or eliminated; B that leaves a person unable to care for or make decisions for the person's own self; and C that, without life-sustaining treatment provided in accordance with the prevailing standard of medical care, is fatal.
The term includes both life-sustaining medications and artificial life support, such as mechanical breathing machines, kidney dialysis treatment, and artificially administered nutrition and hydration.
The term does not include the administration of pain management medication or the performance of a medical procedure considered to be necessary to provide comfort care, or any other medical care provided to alleviate a patient's pain.
A a physician licensed by the Texas Medical Board; or B a properly credentialed physician who holds a commission in the uniformed services of the United States and who is serving on active duty in this state. A patient who has been admitted to a program under which the person receives hospice services provided by a home and community support services agency licensed under Chapter is presumed to have a terminal condition for purposes writing advance directives this chapter.
Amended by Acts78th Leg. Acts81st Leg.
Acts84th Leg. In any circumstance in which this chapter requires the execution of an advance directive or the issuance of a nonwritten advance directive to be witnessed: A a person designated by the declarant to make a health care or treatment decision; B a person related to the declarant by blood or marriage; C 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; D the attending physician; E an employee of the attending physician; F an employee of a health care facility in which the declarant is a patient writing advance directives 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 G 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.
The policies must include a clear and precise statement of any procedure the health care provider is unwilling or unable to provide or withhold in accordance with an advance directive.
The notice must be provided at the earlier of: An advance directive or similar instrument validly executed in another state or jurisdiction shall be given the same effect as an advance directive validly executed under the law of this state. This section does not authorize the administration, withholding, or withdrawal of health care otherwise prohibited by the laws of this state.
A physician, health facility, health care provider, insurer, or health care service plan may not require a person to execute or issue an advance directive as a condition for obtaining insurance for health care services or receiving health care services. To the extent that a treatment decision or an advance directive validly executed or issued under this chapter conflicts with another treatment decision or an advance directive executed or issued under this chapter, the treatment decision made or instrument executed later in time controls.
This chapter may not be construed to require the provision of life-sustaining treatment that cannot be provided to a patient without denying the same treatment to another patient.
This chapter is subject to applicable federal law and regulations relating to child abuse and neglect to the extent applicable to the state based on its receipt of federal funds. Added by Acts78th Leg.
A uses an algorithm approved by the department; B is unique to the person using it; C is capable of verification; D is under the sole control of the person using it; E is linked to data in a manner that invalidates the digital signature if the data is changed; F persists with the document and not by association in separate files; and G is bound to a digital certificate; or 2 an electronic signature that: A is capable of verification; B is under the sole control of the person using it; C is linked to data in a manner that invalidates the electronic signature if the data is changed; and D persists with the document and not by association in separate files.
Added by Acts81st Leg. Acts71st Leg. Amended by Acts72nd Leg. The witnesses must sign the directive. If the declarant is incompetent or otherwise mentally or physically incapable of communication, another person may notify the attending physician of the existence of the written directive.
The attending physician shall make the directive a part of the declarant's medical record. A written directive may be in the following form: This is an important legal document known as an Advance Directive.
It is designed to help you communicate your wishes about medical treatment at some time in the future when you are unable to make your wishes known because of illness or injury. These wishes are usually based on personal values.
In particular, you may want to consider what burdens or hardships of treatment you would be willing to accept for a particular amount of benefit obtained if you were seriously ill.
You are encouraged to discuss your values and wishes with your family or chosen spokesperson, as well as your physician. Your physician, other health care provider, or medical institution may provide you with various resources to assist you in completing your advance directive.
Brief definitions are listed below and may aid you in your discussions and advance planning. Initial the treatment choices that best reflect your personal preferences.Part I is the Texas Medical Power of Attorney, which lets you name an adult, your “agent,” to make decisions about your medical care—including decisions about life-sustaining treatments—if you can no longer speak for yourself.
Advance Healthcare Directive | Create Your Advance Directive TodayFree Advance Directive · Make Smart Decisions Now. An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or ashio-midori.com the U.S.
it has a legal status in itself, whereas in some countries. This pamphlet contains information on advance directives to assist you. The fill-in-the-blanks forms at the end of the pamphlet are but one option should you choose to proceed.
Questions and Answers About Advance Directives The declaration must be in writing, signed by you, and witnessed by two adults. There are restrictions on who can be a. Page 1 of 14 Revised February Maine Health Care Advance Directive Form You may use this form now to tell your physician and others what medical care you want to.
Living Will | TotalLegalLiving Will · Power Of Attorney · Estate Planning · Health Care.