Directive to Physicians and Family or Surrogates / 12-2015-E
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DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES
Advance Directives Act (see §166.033, Health and Safety Code)
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.
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 or treatment
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 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 irreversible condition using available life-sustaining treatment.
(THIS SELECTION DOES NOT APPLY TO HOSPICE CARE.)
Directive to Physicians and Family or Surrogates / 12-2015-E
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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 artificially administered nutrition and hydration,
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 health care or 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.
Date
Two competent adult witnesses must sign below, acknowledging the signature of the declarant. The witness
designated as Witness 1 may not be a person designated to make a health care or 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.
City, County, State of Residence
Signed
Witness 1
Witness 2
Directive to Physicians and Family or Surrogates / 12-2015-E
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Definitions:
"Artificially administered 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 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.
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 artificially administered nutrition and hydration. 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.