Does a living will have to be notarized in Texas?

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Question:

Does a living will have to be notarized in Texas?

Answer:

No. Your living will, which in Texas is legally called an advance directive to physicians, only needs to be signed by two witnesses.

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

  • authorized to make decisions about your treatment, such as your agent under a health care 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 you sign your advance directive) has a claim against any part of the your estate after your death.
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