Free Texas Advance Directive & Living Will
Build a complete Texas advance directive in minutes — free, no account. Name a health care agent, record your end-of-life wishes, and download a ready-to-sign PDF with Texas's correct signing requirements.
A free directive — not legal or medical advice.
This builds a Texas advance directive: it names a health care agent to decide for you and records your end-of-life wishes. It works only when you sign it as Texas requires (see the signing steps). RecordingLaw.com is not a law firm.
About you
Your health care agent
The person who will make medical decisions if you can't speak for yourself — the most important choice.
Note: in Texas, your agent cannot be Under Sec. 166.153, the agent may not be the patient's health care provider, an employee of the patient's health care provider (unless a relative), the patient's residential care provider, or an employee of the residential care provider (unless a relative).
Your end-of-life wishes
If you are terminally ill or permanently unconscious with no recovery expected.
Note: Texas law may suspend these wishes during pregnancy.
Other wishes (optional)
Before you sign — Texas notes
This directive has NO legal effect until you sign it. To make it valid in Texas: Sign the Directive to Physicians (living will) and/or Medical Power of Attorney as a competent adult. Either (a) sign in the presence of two qualifying adult witnesses (at least one must be a 'disinterested' witness who is not the agent, a relative, an heir, the attending physician/employee, or facility staff providing direct care) who also sign, OR (b) sign and acknowledge the signature before a notary public. Note: the living-will directive has NO effect while the declarant is pregnant.
Witness rules: a witness must NOT be Two competent adult witnesses; at least one must qualify under Sec. 166.003(2). A witness who is the 'qualified' witness may NOT be: the person designated to make a treatment decision (the agent), related to the patient by blood or marriage, entitled to any part of the estate, the attending physician or the physician's employee, an officer/employee of the health care facility (if employed there, not involved in direct patient care), or a person with a claim against the estate. As an alternative to two witnesses, the declarant may sign and have the signature acknowledged before a notary public.
Your agent cannot be Under Sec. 166.153, the agent may not be the patient's health care provider, an employee of the patient's health care provider (unless a relative), the patient's residential care provider, or an employee of the residential care provider (unless a relative).
Texas lets you use EITHER 2 witnesses OR a notary — you do not need both.
Pregnancy: Texas law may suspend your living-will instructions while you are pregnant. The statutory Directive to Physicians form (Sec. 166.033) and Sec. 166.049 provide that a directive has no effect / a person may not withdraw or withhold life-sustaining treatment under the directive if the declarant is diagnosed as pregnant. The form contains the notice: 'I understand that under Texas law this Directive has no effect if I have been diagnosed as pregnant.'
Texas also publishes an official statutory directive form (Tex. Health & Safety Code Sec. 166.033 (Directive to Physicians form); Sec. 166.164 (Medical Power of Attorney form)); this document is a valid alternative that covers the same ground.
After signing, give copies to your agent, your alternate, and your doctor, and keep the original somewhere accessible. An advance directive is not filed with a court.
This is a general-purpose directive and is not legal or medical advice. For complex wishes, a serious illness, or detailed treatment limits, talk to your doctor and an estate-planning attorney. RecordingLaw.com is not a law firm.
Enter your name and your agent's name to download.
Or email yourself a copy (PDF)
Advance Health Care Directive of [YOUR FULL NAME]
PART I — DECLARATION
I, [YOUR FULL NAME], of [CITY], Texas, being of sound mind, make this Advance Health Care Directive to state my wishes for my medical care and to appoint a person to make health care decisions for me if I cannot make them myself. I revoke any prior advance directive, living will, or health care power of attorney I have made.
PART II — MY HEALTH CARE AGENT
I appoint [AGENT NAME] as my health care agent.
My agent's authority takes effect when my attending physician determines that I am unable to make my own health care decisions, and ends if I regain that ability.
My agent may make any health care decision I could make, including consenting to, refusing, or withdrawing any medical care, treatment, or procedure; choosing and changing my doctors and care facilities; and arranging for my comfort and pain relief. My agent must follow my wishes as stated in this document and otherwise act in my best interest.
I authorize my agent to obtain and review my medical information, and I make my agent my personal representative under the Health Insurance Portability and Accountability Act (HIPAA) for that purpose.
PART III — LIVING WILL — MY END-OF-LIFE WISHES
If I am terminally ill, permanently unconscious, or in an end-stage condition with no reasonable expectation of recovery, I do NOT want life-sustaining treatment (such as CPR, a ventilator, or dialysis) that would only prolong the process of dying. I direct that such treatment be withheld or withdrawn and that I be allowed to die naturally, receiving only care for my comfort.
I do NOT want artificially administered nutrition and hydration if it would serve only to prolong the process of dying.
Regardless of my other choices, I always want to be kept as comfortable and free of pain as possible, even if medication to relieve my pain may hasten my death.
Note about pregnancy: under Texas law, this living-will instruction may be limited or suspended if I am pregnant. The statutory Directive to Physicians form (Sec. 166.033) and Sec. 166.049 provide that a directive has no effect / a person may not withdraw or withhold life-sustaining treatment under the directive if the declarant is diagnosed as pregnant. The form contains the notice: 'I understand that under Texas law this Directive has no effect if I have been diagnosed as pregnant.'
PART IV — GENERAL PROVISIONS
This directive is governed by the laws of Texas and is intended to be effective in any place where I may be. A copy of this directive has the same effect as the original. I may revoke it at any time by notifying my agent or health care provider, orally or in writing.
If any part of this directive is held invalid, the rest remains in effect. My health care providers and agent who act in good faith reliance on this directive are protected to the fullest extent of the law.
SIGNATURE
I sign this Advance Health Care Directive willingly, on this _____ day of ____________, 20____, at [CITY], Texas.
____________________________________
[YOUR FULL NAME], Principal
WITNESSES — Each of us declares that the principal signed this directive in our presence, appeared to be of sound mind and free from duress, that we are each at least 18 years old, and that we are not disqualified from witnessing under this state's law (see the signing instructions for who may not witness).
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
(Alternatively, Texas lets you have this directive notarized instead of witnessed — sign the notary block below OR use the witnesses above.)
STATE OF __________, COUNTY OF __________. Subscribed and sworn before me on __________.
____________________________________ Notary Public
How to Sign Your Advance Directive in Texas
Sign the Directive to Physicians (living will) and/or Medical Power of Attorney as a competent adult. Either (a) sign in the presence of two qualifying adult witnesses (at least one must be a 'disinterested' witness who is not the agent, a relative, an heir, the attending physician/employee, or facility staff providing direct care) who also sign, OR (b) sign and acknowledge the signature before a notary public. Note: the living-will directive has NO effect while the declarant is pregnant.
Texas requires 2 witnesses or a notary. You can choose whichever is easier — you do not need both. This generator's PDF includes a signing page with these exact steps.
The Two Parts: Health Care Agent and Living Will
Your Texas directive has two jobs. The health care agent (also called a healthcare proxy or medical power of attorney) is the person who speaks to doctors for you if you cannot — choosing treatments, providers, and facilities and seeing your medical records. The living will records your own instructions about life-sustaining treatment if you are terminally ill or permanently unconscious with no reasonable hope of recovery.
Who Can Be Your Agent and Witnesses in Texas
Your agent: In Texas, your health care agent cannot be Under Sec. 166.153, the agent may not be the patient's health care provider, an employee of the patient's health care provider (unless a relative), the patient's residential care provider, or an employee of the residential care provider (unless a relative). Choose someone you trust who knows your values and will advocate for you.
Your witnesses: In Texas, a witness must NOT be Two competent adult witnesses; at least one must qualify under Sec. 166.003(2). A witness who is the 'qualified' witness may NOT be: the person designated to make a treatment decision (the agent), related to the patient by blood or marriage, entitled to any part of the estate, the attending physician or the physician's employee, an officer/employee of the health care facility (if employed there, not involved in direct patient care), or a person with a claim against the estate. As an alternative to two witnesses, the declarant may sign and have the signature acknowledged before a notary public.. Pick neutral adults.
The Pregnancy Rule in Texas
The statutory Directive to Physicians form (Sec. 166.033) and Sec. 166.049 provide that a directive has no effect / a person may not withdraw or withhold life-sustaining treatment under the directive if the declarant is diagnosed as pregnant. The form contains the notice: 'I understand that under Texas law this Directive has no effect if I have been diagnosed as pregnant.' This is a real and sometimes controversial limit; if it matters to you, discuss it with your doctor and consider adding specific instructions, and talk to an attorney about your options.
Who Decides If You Have No Directive in Texas?
If you have not named a health care agent, Texas law decides who speaks for you: Sec. 166.039 (treatment decisions when no agent / patient incompetent), in descending priority of reasonably available persons: (1) spouse; (2) the patient's reasonably available adult children (by majority of those available); (3) the patient's parents; (4) the patient's nearest living relative. An unmarried partner usually has no automatic say. Signing a directive is how you choose your own decision-maker instead of leaving it to this default.
Updating, Revoking, and Sharing Your Directive
Review your directive after any major change — a new diagnosis, a divorce, the death of your agent, or a move to a new state (a directive valid where you signed it is usually honored elsewhere, but it is wise to re-sign under your new state's rules). You can revoke it any time by telling your agent or doctor or by signing a new one. After signing, give copies to your agent, your alternate, and your doctor and keep the original where it can be found quickly — a directive no one can locate cannot help you.
Frequently Asked Questions
Is an advance directive made online valid in Texas?
Yes, if you sign it correctly. Texas requires 2 witnesses or a notary. The document this tool creates is a standard directive to physicians, family, or surrogates (living will) + medical power of attorney; it becomes legally effective when you sign it as described above.
Do I need a lawyer to make an advance directive in Texas?
No. A properly signed advance directive is valid whether or not a lawyer prepares it. See an attorney if you have complex wishes, a serious illness, or want detailed limits on specific treatments.
What is the difference between a living will and a healthcare power of attorney?
A living will states your own wishes about life-sustaining treatment. A healthcare power of attorney (agent/proxy) names a person to make medical decisions for you. This generator combines both in one Texas directive.
Does my Texas directive need to be notarized?
Not necessarily — Texas lets you use either 2 witnesses or a notary.
Who can witness my advance directive in Texas?
Adults who are not Two competent adult witnesses; at least one must qualify under Sec. 166.003(2). A witness who is the 'qualified' witness may NOT be: the person designated to make a treatment decision (the agent), related to the patient by blood or marriage, entitled to any part of the estate, the attending physician or the physician's employee, an officer/employee of the health care facility (if employed there, not involved in direct patient care), or a person with a claim against the estate. As an alternative to two witnesses, the declarant may sign and have the signature acknowledged before a notary public..
What happens if I don't have an advance directive in Texas?
Texas decides who makes your medical decisions: Sec. 166.039 (treatment decisions when no agent / patient incompetent), in descending priority of reasonably available persons: (1) spouse; (2) the patient's reasonably available adult children (by majority of those available); (3) the patient's parents; (4) the patient's nearest living relative.
Does pregnancy affect my living will in Texas?
Yes. The statutory Directive to Physicians form (Sec. 166.033) and Sec. 166.049 provide that a directive has no effect / a person may not withdraw or withhold life-sustaining treatment under the directive if the declarant is diagnosed as pregnant. The form contains the notice: 'I understand that under Texas law this Directive has no effect if I have been diagnosed as pregnant.' Discuss this with your doctor and an attorney if it concerns you.
Can my agent override my living will?
No. Your agent must follow the clear wishes you write down. The living will guides your agent and your doctors; the agent fills in decisions you did not specifically address.
Do I have to file my directive with a court?
No. An advance directive is not filed with any court. You keep the signed original and give copies to your agent and your doctor so it is available when needed.
Is this really free?
Yes. The generator is free, requires no account, and runs entirely in your browser — your answers are not sent to a server. It is general information, not legal or medical advice.
Disclaimer
This generator produces a general-purpose advance directive and is not legal or medical advice or a substitute for an attorney or your physician. Healthcare-directive law changes; the Texas requirements here are current as of 2026-06-05. A directive is only effective if signed as your state requires. For a serious illness, detailed treatment limits, or complex family situations, talk to your doctor and a Texas estate-planning attorney. RecordingLaw.com is not a law firm.
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