Directive To Physicians And Family Or Surrogates(Living Will)

Texas law allows any competent adult, by signing a directive to physicians and family or surrogates(or "living will," as it often is called), to instruct his or her physician to withhold or withdraw artificial life-sustaining procedures in the event of a terminal condition. The directive takes effect only after the patient's physician determines that death is expected within six months without application of artificial life-sustaining procedures.

The form and contents of the directive are prescribed by Texas law. The directive should be in writing, signed by the patient, and witnessed by two competent adults. One of witnesses cannot be the person designated to make a treatment decision for the patient, related to the patient by blood or marriage, the patient's heirs, the attending physician or an employee of the physician, a person who would have a claim against the patient's estate upon his or her death, or an employee of the patient's health care facility who is providing direct care to the patient or who is involved in the financial affairs of the facility. The directive need not be notarized.

The directive may include a designation of another person to make a treatment decision for the patient if the patient is comatose, incompetent, or otherwise mentally or physically incapable of communication.

A better course of action is less adversarial. While you may legitimately be angry with your spouse, some things are better left unsaid. And they are left unsaid out of a desire to get the best possible result, not out of any misguided sense of altruism. The best deals, be they in business or divorce, are deals in which both parties get most of what they want. A one-sided deal invites the other side to breach it. You will find (possibly the hard way) that it is better to try to work with your spouse than to fight over everything. Although fights are inevitable, cooperation in the face of adversity is preferable.

If you desire that your life not be artificially prolonged in the event of a terminal illness, you should consult with an attorney to have a directive to physicians prepared for you. It may also be desirable to inform your physician of your wishes and to provide him or her with a copy of the directive. Failure to sign a directive may result in difficulties for your family in carrying out your wishes with respect to terminating artificial life-sustaining procedures.