What is the difference between a living will and a medical power of attorney in Texas?

A directive to physicians and family (advance directive) states your treatment preferences for specific situations. A medical power of attorney names a person to make healthcare decisions on your behalf when you cannot. The proxy can handle unexpected situations that a written directive cannot anticipate.

Can I change my advance directive?

Yes. You can revoke or update your advance directive at any time while you have capacity. Notify your healthcare providers and medical power of attorney of any changes and provide updated copies.

Does my advance directive need to be notarized?

Texas has specific witness and notarization requirements [§ Tex. Health & Safety Code § 166.032]. Check the statutory form requirements or have an attorney prepare the document to ensure it is valid.

Will my Texas advance directive be honored in another state?

Most states honor out-of-state advance directives, but there is no guarantee. If you spend significant time in another state, consider executing a directive that complies with that state's law as well.

What if I don't have an advance directive?

Without an advance directive, medical decisions fall to your next of kin under Texas's surrogate decision-making law. This can lead to disagreements, delays, and decisions that may not reflect your wishes. In the worst case, a court may need to appoint a guardian to make medical decisions.

Topic guideUpdated 2026-02-27

Texas Advance Directives & Living Wills

Healthcare directives, living wills, and healthcare proxies — making your medical wishes known.

Advance directives let you make your healthcare wishes known before a crisis happens. In Texas, the two key documents are a directive to physicians and family (advance directive) §Tex. Health & Safety Code § 166.032 and a medical power of attorney §Tex. Health & Safety Code § 166.152.

Directive to Physicians and Family (advance Directive) vs. Medical Power of Attorney

	Directive to Physicians and Family (advance Directive)	Medical Power of Attorney
What It Does	States your treatment preferences (life support, resuscitation, feeding tubes) §Tex. Health & Safety Code § 166.032	Names a person to make medical decisions for you §Tex. Health & Safety Code § 166.152
When It Activates	When you cannot communicate your wishes	When you cannot make medical decisions
Who Acts	No one — the document speaks for you	Your chosen agent
Flexibility	Limited — covers only situations you anticipated	High — your agent can respond to unexpected situations
Recommended	Yes	Yes — most important of the two

💡Most estate planning attorneys recommend having both. The directive to physicians and family (advance directive) provides clear guidance for common end-of-life scenarios, while the medical power of attorney gives your agent authority to handle situations you could not have predicted.

What a directive to physicians and family (advance directive) covers §Tex. Health & Safety Code § 166.032

A directive to physicians and family (advance directive) addresses:

Life-sustaining treatment (ventilators, dialysis)
Artificial nutrition and hydration (feeding tubes)
Resuscitation preferences (DNR orders)
Pain management and comfort care
Organ and tissue donation

Choosing a medical power of attorney §Tex. Health & Safety Code § 166.152

Your medical power of attorney should be someone who:

Understands your values and treatment preferences
Can make difficult decisions under pressure
Is willing and able to advocate for your wishes, even against family pressure
Lives nearby or can be reached quickly in an emergency

Name a successor agent in case your first choice is unavailable.

Texas law

Texas uses two separate documents: a Directive to Physicians and Family or Surrogates (Tex. Health & Safety Code § 166.032) for end-of-life treatment preferences, and a Medical Power of Attorney (Tex. Health & Safety Code § 166.152) to name a healthcare agent. An Out-of-Hospital Do-Not-Resuscitate Order is also available (§ 166.081).

✓Make sure your doctors, your medical power of attorney, and your family all have copies of your advance directives. A document locked in a safe deposit box cannot help you in an emergency. Many hospitals also allow you to upload directives to their patient portal.

Prepare for Your Consultation

Quick checklist (Estate Planning)

You can start the intake without all of these.

Existing will or trust

(if any)

Asset summary

(property, accounts, policies)

Family information

(beneficiaries, guardians)

General preparation tips only. Requirements vary by case and state.

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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

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Texas Power of Attorney — Types & How to Create