Texas Civil Practice and Remedies Code 137.003 – Execution and Witnesses; Execution and Acknowledgment Before Notary Public
(a) A declaration for mental health treatment must be:
(1) signed by the principal in the presence of two or more subscribing witnesses; or
(2) signed by the principal and acknowledged before a notary public.
(b) A witness may not, at the time of execution, be:
(1) the principal’s health or residential care provider or an employee of that provider;
(2) the operator of a community health care facility providing care to the principal or an employee of an operator of the facility;
(3) a person related to the principal by blood, marriage, or adoption;
(4) a person entitled to any part of the estate of the principal on the death of the principal under a will, trust, or deed in existence or who would be entitled to any part of the estate by operation of law if the principal died intestate; or
(5) a person who has a claim against the estate of the principal.
Terms Used In Texas Civil Practice and Remedies Code 137.003
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Intestate: Dying without leaving a will.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) For a witness’s signature to be effective, the witness must sign a statement affirming that, at the time the declaration for mental health treatment was signed, the principal:
(1) appeared to be of sound mind to make a mental health treatment decision;
(2) has stated in the witness’s presence that the principal was aware of the nature of the declaration for mental health treatment and that the principal was signing the document voluntarily and free from any duress; and
(3) requested that the witness serve as a witness to the principal’s execution of the document.