A medical power of attorney names who decides for you; a Directive to Physicians says what you want decided. Texas wrote the directive's wording into Health and Safety Code § 166.033, built around two medical situations the statute defines precisely — a terminal condition and an irreversible condition — and it only takes effect when a physician certifies you are in one of them and cannot speak for yourself.
The two conditions the form asks about
The statutory directive asks you to make a choice for each of two defined situations:
- A TERMINAL condition — an incurable condition from which you are expected to die within six months even with available life-sustaining treatment.
- An IRREVERSIBLE condition — a condition from which you will not recover, that leaves you unable to care for or make decisions for yourself, and that is fatal without life-sustaining treatment.
- For each, you choose: keep me comfortable and let me die naturally, or use all available life-sustaining treatment.
It speaks only when you cannot
The directive activates only after your attending physician certifies in writing that you are in a terminal or irreversible condition and you are unable to make treatment decisions. Until then, you decide everything yourself — signing a directive changes nothing about your care while you can speak.
Comfort care is never withdrawn. The statutory scheme is about life-sustaining treatment; medication and care to keep you comfortable continue regardless of what you elect.
Signing: two witnesses or a notary
Texas gives you two execution paths: sign before two competent adult witnesses, or sign before a notary public.
If you use witnesses, Texas's first-witness rule has teeth: at least one witness must NOT be a person you named as agent, a relative, an heir, your attending physician or the physician's employee, certain facility employees involved in your care, or someone with a claim against your estate. The second witness may be almost anyone. Our packet's instructions walk through who qualifies.
How it fits with the Medical Power of Attorney
The directive and the medical POA answer different questions and work best together. The directive states your end-of-life choices in the two defined situations; the medical POA (§ 166.164) names an agent for every other medical decision — surgeries, placements, treatments — whenever you lack capacity, not just at the end of life.
If you have both, your agent's decisions must respect the directive. Our Texas healthcare packet prepares the two documents as a set, with the statutory language for each.
Frequently Asked Questions
Is a Directive to Physicians the same as a living will?
Yes — 'living will' is the common name; Texas's statutory name is the Directive to Physicians and Family or Surrogates. It is different from a last will and testament (property after death) and from a medical power of attorney (naming a decision-maker).
Does the directive need a notary in Texas?
Only if you skip the witnesses. Either two competent adult witnesses (with the first-witness disqualification rules) or a notary acknowledgment makes it valid.
Can my family override my directive?
The directive exists precisely so your own choice governs. A properly executed directive guides your physicians and any spokesperson; family members cannot simply substitute their preferences for your documented ones.
Can I change my mind later?
Yes — you can revoke or replace a directive at any time, regardless of your physical condition, by communicating that intent. Destroy old copies and tell your physician and family when you do.