TX · LVG-WILL · Updated July 2026 · Free
Texas Living Will
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Texas at a glance: Witnesses Required: 2 witnesses (at least 1 disinterested) OR notarization · Governing Law: Tex. Health & Safety Code § 166.033 · Self-Proving: Yes (when notarized or witnessed)
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Overview
Living Wills in Texas
Texas living wills are legally known as a Directive to Physicians and Family or Surrogates (Tex. Health & Safety Code § 166.033).
The directive must be signed in the presence of two witnesses, at least one of whom must be "disinterested" (not related by blood or marriage, not a beneficiary of the estate, and not a healthcare provider). Texas allows notarization in lieu of witness signatures.
Key Facts
Texas Living Will — Quick Reference
| Requirement | Texas Rule |
|---|---|
| Witnesses Required | 2 witnesses (at least 1 disinterested) OR notarization |
| Governing Law | Tex. Health & Safety Code § 166.033 |
| Self-Proving | Yes (when notarized or witnessed) |
Legal Requirements
Texas Legal Requirements
- Must be signed in the presence of two witnesses or acknowledged before a notary.
- At least one witness must not be a relative, heir, beneficiary, healthcare agent, or employee of the healthcare facility.
Governing Laws
Texas Governing Laws
Tex. Health & Safety Code § 166.033
Directive to Physicians Form
Sets forth the statutory form and text for a valid Texas medical directive.
Tex. Health & Safety Code § 166.154
Execution of Medical POA
Regulates the signing and witnessing of medical powers of attorney.
Read the full text of these laws at Cornell Law School's Texas legal resources or your state legislature's official website.
Questions & Answers
Texas Living Will — Frequently Asked Questions
Who qualifies as a "disinterested witness" in Texas?
A disinterested witness cannot be related to you by blood or marriage, cannot stand to inherit from your estate, cannot be your medical agent, and cannot be your doctor or an employee of your doctor's facility.
Can I notarize my Texas directive instead of using witnesses?
Yes. Texas law allows you to have your directive notarized by a notary public instead of using two witness signatures.