Important medical advances have dramatically increased the ability to sustain life. While this is generally great news, the reality is that in many instances, life can continue beyond any reasonable expectation of recovery or quality of life. When an individual siffers from a terminal condition from which he is expected to die within six months, even with life-sustaining treatment, families are faced with the prospect of increasing medical expenses with no hope of recovery. At the same time, the individual experiences ongoing pain and discomfort even though imminent death is inevitable. Fortunately, Texas law provides individuals with the option to direct physicians to discontinue or withhold medical treatment and simply let the individual die gently. This direction to physicians is known as an Advance Directive to Physicians. Today's blog will answer some of the basic questions Texans have about this important legal document.
What is the legal effect of the Advance Directive?
The proper execution of an Advance Directive to Physicians generally requires treating medical professionals to honor the terms of the document and discontinue treatment as requested. However, physicians occasionally choose not to honor the request, based on uncertainty of medical options or on moral grounds. In such a case, the physician will continue life-sustaining treatment, but only until the family has had a reasonable opportunity to transfer care to another physician who is willing to honor the Advance Directive. If a physician honors the Advance Directive and discontinues treatment, the physician cannot be held civilly or criminally liable for the death of the patient.
How should the Advance Directive be executed?
The Advance Directive to Physicians should be signed in the presence of two qualified witnesses. Alternatively, the document is valid if signed in the presence of any Notary Public. To avoid potential confusion over whether the witnesses are qualified, it is recommended that the person simply sign in the presence of a Notary Public.
Can a child sign an Advance Directive?
No. A child is not legally competent to sign an Advance Directive, so any such document is legally invalid. The patient's parents or legal guardian is authorized to sign an Advance Directive on behalf of the minor.
When does the Advance Directive expire?
The Advance Directive remains valid until it is validly revoked.
Proper estate planning should include careful consideration of end-of-life decisions such as the Advance Directive to Physicians. Christiansen Law Firm has extensive experience assisting individuals with estate planning documents, and can provide needed legal guidance. For additional information about the legal effect of the Advance Directive and other estate planning documents, contact the offices of Christiansen Law Firm in Houston or San Antonio.