San Antonio Living Will and Advance Directive Attorneys
Planning for incapacity is a task that no one wants but is such a vital step to estate planning that is considered an integral part of the process. One of the most common ways of planning for incapacity is by drafting a living will, also known as an advance directive, to communicate your wishes and intentions for future medical care in the event that you are not able to communicate for yourself later. Regardless of your age, whether you have children or not, or believe your family knows what you would want in a medical emergency, everyone needs these documents prepared by experienced living will and advance directive attorneys.
Living Wills and Advance Directives
A living will give medical directives in the event you become incapacitated or unable to consent to medical care. Imagine if you are in a car accident and knocked unconscious. Who will represent your best interests when doctors need to perform procedures to treat your injuries? Do you want to remain on a ventilator or undergo surgery in an attempt to treat it? These are important questions that you need to consider when creating a living will. This document also provides much-needed guidance to your loved ones so that they do not have to make agonizing decisions without your input. Removing any question as to what your wishes are after becoming terminally ill, incapacitated, or unable to make decisions for yourself due to disability or injury helps your family understand your intent and spares additional anguish.
There are special requirements for any living will in Texas to be legally valid. A Texas living must have two witness signatures or notarization in addition to your signature on the document. In addition to these requirements, one of the witnesses cannot be any of the following:
- Cannot be designated to make healthcare decisions on your behalf
- Related to you by blood or marriage
- Is an heir to your estate or other entitlement
- A treating physician or their employees
- Employee of your long-term healthcare facility or any of its affiliated employees or companies
Ensure that you create a living will that is legal by working with experienced estate planning attorneys like those at Bryant Law PC. Our legal team will guide you through the entire process and help you keep it up to date as your life circumstances change.
Risks of Not Having a Living Will in San Antonio
If you do not have an advance directive in place or believe a will is unnecessary for your situation, remember that the state of Texas can determine what is in your best interest for your assets and your person. Without your medical wishes spelled out in an advance directive, a physician will only carry out your instructions if they are aware of them. If not, state law uses the following familial order to determine who is responsible for your health:
- Adult children
- Closest living relative
- A different physician not involved with your care
As you can see, this scenario could lead to an undesirable outcome if a relative you do not have a relationship with handles your care or an unfamiliar physician takes control of your healthcare decisions. Advance directives take priority in these situations and protect your treatment wishes.
Bryant Law PC Living Will and Advance Directive Attorneys
The living will and advance healthcare directive attorneys at Bryant Law PC provide families throughout many South Texas communities with the peace of mind. We work hard to ensure your wishes are honored, even when you cannot speak for yourself. Contact us today to schedule a consultation with our living will and advance directive attorneys.