Does a living will have to be notarized in Texas?

Does a living will have to be notarized in Texas?

Answers (1)

No. It only needs to be signed by two witnesses, as is required for most wills and trusts. However, as of September 1, 2009, a living will can also be witnessed by a notary public. You can choose what method to use.

Both witnesses must be competent adults. However, at least one of the witnesses must be a person who is not:

  • designated by you to make a decision about your treatment, such as your medical power of attorney;
  • related to you by blood or marriage;
  • entitled to any part of your estate after your death;
  • your attending doctor;
  • an employee of your attending doctor;
  • an employee of a health care facility where you are a patient, if the employee is providing direct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or
  • a person who (at the time the written advance directive is executed or the non-written directive is issued) has a claim against any part of the your estate after your death.
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