DIRECTIVE TO PHYSICIANS AND FAMILY OR SURROGATES
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.
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.)
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.
Signed: __________________________________
Date: ______________________________
City: ______________________________
County: ____________________________, Texas
Witnesses
Two competent adult witnesses must sign below, acknowledging the signature
of the declarant. The witness designated as Witness One 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.
SIGNATURE OF WITNESS ONE:
Signature: __________________________________________
Print Name: _________________________________________
Date:__________________
Address: ____________________________________________________________
SIGNATURE OF WITNESS TWO:
Signature: __________________________________________
Print Name: _________________________________________
Date:__________________
Address: ____________________________________________________________
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.
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.