Texas Health and Safety Code 166.032 – Written Directive by Competent Adult; Notice to Physician
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(a) A competent adult may at any time execute a written directive.
(b) Except as provided by Subsection (b-1), the declarant must sign the directive in the presence of two witnesses who qualify under § 166.003, at least one of whom must be a witness who qualifies under § 166.003(2). The witnesses must sign the directive.
Terms Used In Texas Health and Safety Code 166.032
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(b-1) The declarant, in lieu of signing in the presence of witnesses, may sign the directive and have the signature acknowledged before a notary public.
(c) A declarant may include in a directive directions other than those provided by § 166.033 and may designate in a directive a person to make a health care or treatment decision for the declarant in the event the declarant becomes incompetent or otherwise mentally or physically incapable of communication.
(d) A declarant shall notify the attending physician of the existence of a written directive. If the declarant is incompetent or otherwise mentally or physically incapable of communication, another person may notify the attending physician of the existence of the written directive. The attending physician shall make the directive a part of the declarant’s medical record.