NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER
DIRECTIVE TO
PHYSICIANS AND FAMILY OR SURROGATES
(Texas Health and Safety Code § 166.033)
Instructions for completing this document:
This is an important legal document known as an Advance Directive. It is designed to help you
communicate your wishes about medical treatment at some time in the future when you are
unable to make your wishes known because of illness or injury. These wishes are usually based
on personal values. In particular, you may want to consider what burdens or hardships of
treatment you would be willing to accept for a particular amount of benefit obtained if you were
seriously ill.
You are encouraged to discuss your values and wishes with your family or chosen spokesperson,
as well as your physician. Your physician, other health care provider, or medical institution may
provide you with various resources to assist you in completing your advance directive. Brief
definitions are listed below and may aid you in your discussions and advance planning. Initial the
treatment choices that best reflect your personal preferences. Provide a copy of your directive to
your physician, usual hospital, and family or spokesperson. Consider a periodic review of this
document. By periodic review, you can best assure that the directive reflects your preferences.
In addition to this advance directive, Texas law provides for two other types of directives that
can be important during a serious illness. These are the Medical Power of Attorney and the Out-
of-Hospital Do-Not-Resuscitate Order. You may wish to discuss these with your physician,
family, hospital representative, or other advisers. You may also wish to complete a directive
related to the donation of organs and tissues.
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DIRECTIVE
I, ____________________________________________________ , recognize that the best health
care is based upon a partnership of trust and communication with my physician. My physician
and I will make health care decisions together as long as I am of sound mind and able to make
my wishes known. If there comes a time that I am unable to make medical decisions about
myself because of illness or injury, I direct that the following treatment preferences be honored:
If, in the judgment of my physician, I am suffering with a terminal condition from which I am
expected to die within six months, even with available life-sustaining treatment provided in
accordance with prevailing standards of medical care:
__________ I request that all treatments other than those needed to keep me comfortable
be discontinued or withheld and my physician allow me to die as gently as possible; OR
__________ I request that I be kept alive in this terminal condition using available
life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE
CARE.)
If, in the judgment of my physician, I am suffering with an irreversible condition so that I cannot
care for myself or make decisions for myself and am expected to die without life-sustaining
treatment provided in accordance with prevailing standards of care:
__________ I request that all treatments other than those needed to keep me comfortable
be discontinued or withheld and my physician allow me to die as gently as possible; OR
__________ I request that I be kept alive in this irreversible condition using available
life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO HOSPICE
CARE.)
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Additional requests: (After discussion with your physician, you may wish to consider listing
particular treatments in this space that you do or do not want in specific circumstances, such
as artificial nutrition and fluids, intravenous antibiotics, etc. Be sure to state whether you do
or do not want the particular treatment.)
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
After signing this directive, if my representative or I elect hospice care, I understand and agree
that only those treatments needed to keep me comfortable would be provided and I would not be
given available life-sustaining treatments.
If I do not have a Medical Power of Attorney, and I am unable to make my wishes known, I
designate the following person(s) to make treatment decisions with my physician compatible
with my personal values:
1. ________________________________________________________
2. ________________________________________________________
(If a Medical Power of Attorney has been executed, then an agent already has been named
and you should not list additional names in this document.)
If the above persons are not available, or if I have not designated a spokesperson, I understand
that a spokesperson will be chosen for me following standards specified in the laws of Texas. If,
in the judgment of my physician, my death is imminent within minutes to hours, even with the
use of all available medical treatment provided within the prevailing standard of care, I
acknowledge that all treatments may be withheld or removed except those needed to maintain
my comfort. I understand that under Texas law this directive has no effect if I have been
diagnosed as pregnant. This directive will remain in effect until I revoke it. No other person may
do so.
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Signed: __________________________________________________
Date: _________________________________________
City, County, State of Residence: _________________________________________________
_____________________________________________________________________________
Two competent adult witnesses must sign below, acknowledging the signature of the declarant.
The witnesses may not be a person designated to make a treatment decision for the patient and
may not be related to the patient by blood or marriage. This witness may not be entitled to any
part of the estate and may not have a claim against the estate of the patient. This witness may not
be the attending physician or an employee of the attending physician. If this witness is an
employee of a health care facility in which the patient is being cared for, this witness may not be
involved in providing direct patient care to the patient. This witness may not be an officer,
director, partner, or business office employee of a health care facility in which the patient is
being cared for or of any parent organization of the health care facility.
Witness 1: ________________________________________________________________
Witness 2: ________________________________________________________________
Definitions:
"Artificial nutrition and hydration" means the provision of nutrients or fluids by a tube inserted
in a vein, under the skin in the subcutaneous tissues, or in the stomach (gastrointestinal tract).
"Irreversible condition" means a condition, injury, or illness:
(1) that may be treated, but is never cured or eliminated;
(2) that leaves a person unable to care for or make decisions for the person's own self;
and
(3) that, without life-sustaining treatment provided in accordance with the prevailing
standard of medical care, is fatal.
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Explanation: Many serious illnesses such as cancer, failure of major organs
(kidney, heart, liver, or lung), and serious brain disease such as Alzheimer's
dementia may be considered irreversible early on. There is no cure, but the patient
may be kept alive for prolonged periods of time if the patient receives life-
sustaining treatments. Late in the course of the same illness, the disease may be
considered terminal when, even with treatment, the patient is expected to die. You
may wish to consider which burdens of treatment you would be willing to accept
in an effort to achieve a particular outcome. This is a very personal decision that
you may wish to discuss with your physician, family, or other important persons
in your life.
"Life-sustaining treatment" means treatment that, based on reasonable medical judgment,
sustains the life of a patient and without which the patient will die. The term includes both life-
sustaining medications and artificial life support such as mechanical breathing machines, kidney
dialysis treatment, and artificial hydration and nutrition. The term does not include the
administration of pain management medication, the performance of a medical procedure
necessary to provide comfort care, or any other medical care provided to alleviate a patient's
pain.
"Terminal condition" means an incurable condition caused by injury, disease, or illness that
according to reasonable medical judgment will produce death within six months, even with
available life-sustaining treatment provided in accordance with the prevailing standard of
medical care.
Explanation: Many serious illnesses may be considered irreversible early in the
course of the illness, but they may not be considered terminal until the disease is
fairly advanced. In thinking about terminal illness and its treatment, you again
may wish to consider the relative benefits and burdens of treatment and discuss
your wishes with your physician, family, or other important persons in your life.
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