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Season 3 Episode 58: Living Will: How to Complete the Texas Directive to Physicians (Part 3 of 3)

advance care directives advance directive to physicians step-by-step guide texas living will Dec 30, 2025
Episode 58: Living Will - How to Complete the Texas Directive to Physicians (Part 3 of 3). Thoughtful Planning podcast by Legacy Toolkit; Hands typing on laptop at desk with notebook and coffee, completing a Texas living will step by step

You know that feeling when you've been putting off a project for weeks, maybe months, and then you finally sit down to do it and it takes like 20 minutes?

And then you start thinking, "Why did I wait so long?"

That's what completing your living will is going to feel like if you've been following along with our series. Because you've already done the hard part.

In episodes 56 and 57, you worked through the Emory Critical Conditions Planning Guide. You thought about what quality of life means to you. You considered different medical scenarios. You even explored addendums that can strengthen your directive.

Now it's time to actually fill out the form.

Two Ways to Access the Texas Living Will Form

You have two options, and both get you to the same legal document.

Option 1: Texas Health and Human Services Website

Go directly to the Texas HHS website and download the PDF. The form is called the Directive to Physicians and Family or Surrogates, and it's available in English and Spanish. This is a straightforward PDF. You download it, print it, and fill it out.

Option 2: eFileTexas Self-Help Site (Recommended)

This is what we recommend, especially if you like a little more guidance. The eFileTexas site walks you through completing the form step by step. It asks you questions as you go. It explains the terminology. It gives you extra information to help you understand exactly what you're agreeing to.

The eFileTexas site also lets you create other documents like the Durable Power of Attorney, Medical Power of Attorney, and HIPAA authorization. So when you're ready to complete those forms, you'll already be familiar with the system.

Walking Through the Form

Here's what to expect when you use the eFileTexas site:

Getting Started

First, you'll create a login. Then you'll see an introduction explaining the different forms you can complete. After that, you'll see a disclaimer screen, a warning screen reminding you to choose someone you trust, information about what you need to complete the form, and tips on how to use the system.

Once you get through those intro screens, select "Advance Directive to Physicians" and it will go over some important terms.

Basic Information

Next, you'll enter your name and address. Pretty straightforward.

Then the form asks if you've signed an Advance Directive to Physicians in the past. If you say yes, it'll give you instructions on what to do with the old form.

The Two Key Questions

This is where all your work from episodes 56 and 57 pays off.

Question one asks: If you're suffering from a terminal condition, do you want to be kept on life support machines? 

Question two asks: If you're suffering from an irreversible condition, do you want to be kept on life support machines? 

If you worked through the Emory Guide, you've already thought deeply about these scenarios. You've already decided what quality of life means to you. So when you see these questions, you're not starting from scratch. You're just documenting decisions you've already made.

Naming Your Advocate

The form asks about naming an advocate, which is your healthcare agent. Here's where the two options differ:

If you're using the PDF from the Texas HHS website, you can skip the agent section for now.

But if you're using the eFileTexas site, it makes naming an agent mandatory before you can move to the next step. If you don't know who your person is yet, you can put your own name as a placeholder. We're going to cover how to choose your healthcare agent and have that conversation in our Medical Power of Attorney episode.

If you already know who your person is, if you know in your heart this is who you trust, you can fill it in now.

Additional Requests

After the main questions, there's a section called "Additional Requests." How you fill this out depends on whether you created addendums in episode 57.

If you don't have addendums, you can write your preferences directly in this section. Things like: "I want to be treated for curable illnesses and conditions. I want to be treated for pain and anxiety even if treatment may speed up my death. I want to donate my organs."

If you created addendums, you don't need to repeat everything here. Instead, reference them. Something like: "Please see the attached document titled Personal Values and Care Preferences. This document is intended to guide my physicians, family, and medical decision makers in interpreting and applying this Directive."

Remember, the directive is the legal document. The addendum is there to help people understand how to honor it when situations aren't black and white.

Legal Resources

The eFileTexas site will ask if you want to talk to a lawyer and give you contact information. They list several options including the State Bar of Texas Lawyer Referral Service, TexasLawHelp for a legal aid directory, chat features, walk-in legal aid clinics, and legal hotlines through the Texas State Law Library.

If your situation is complicated, like significant assets, a blended family, or complex medical situations, talking to an estate attorney is a good idea.

But for many people, especially those on a tight budget, the state forms are enough to get you started. The barrier shouldn't be money. Everyone deserves to have their wishes documented.

Signing Your Document

Texas law says you can have either two witnesses OR a notary public. But we recommend getting both. Two witnesses AND a notary. That way there's no question about whether your document is valid.

Here's how it works: You, your witnesses, and the notary are all together. The notary will direct everyone when to sign. You don't sign ahead of time. You wait for the notary to tell you when.

Where to Find a Notary

There are lots of places:

  • Some banks might offer free notary services if you're a customer
  • Some shipping stores and office supply stores have notaries
  • Check with your county (for example, Kendall County offers free notary services)
  • Ask in your neighborhood Facebook group or Nextdoor if anyone is a notary

If you don't have witnesses, don't let that stop you. Many notary locations have staff who can serve as witnesses.

Storing Your Document

Once your living will is signed and notarized, you need to store it somewhere safe and accessible. A document that nobody can find when they need it doesn't help anyone.

Give copies to your healthcare agent, your doctor, and family members who would be involved in medical decisions. Keep the original somewhere people can actually get to it in an emergency. A locked safe deposit box that nobody can access isn't helpful.

Some people keep a card in their wallet that says they have an advance directive and where to find it.

Here's a tip: Keep a log or inventory of everyone who has a copy. That way, if you ever make changes to your document, you know exactly who has old copies and who needs new ones.

You Can Do This

If you've done the work in episodes 56 and 57, you can probably complete this form in less than 30 minutes. Maybe a lot quicker than you think.

The form itself is not complicated. The complicated part was the thinking work. And you've already done that.

So don't let this sit on your to-do list for the next six months. Set aside an afternoon. Go to the eFileTexas site or download the PDF. Walk through it step by step. And get it done.

Timing: Sign Now or Wait?

You have choices here:

If you used the Texas HHS PDF and you know who your healthcare agent is, you can get your living will signed and notarized now. You don't have to wait for us to finish the rest of the series.

If you used eFileTexas and put your own name as a placeholder because you don't know your agent yet, you should wait. Complete the Medical POA episode with us first, figure out who your person is, then go back and update your living will before printing and signing.

Some people prefer to wait and get all their documents signed at once. That's completely fine too. It'll be a while before we get through all the episodes on the other documents, and we don't want to hold anyone back who's ready to complete this now.

The point is, do what works for you. There's no wrong answer as long as the documents eventually get done, but we do recommend that if it's complete then you should get it notarized and signed now.

Resources

Note: Links may change over time. If a link doesn't work, try searching for the resource name.

Texas Forms:

Prep Work Resources:

Previous Episodes:

Texas Legal Help:

Questions? Email [email protected]

Disclaimer: We are not attorneys, financial advisors, or medical professionals. Everything shared is for educational purposes only. We focused on Texas laws; please research laws in your state. For complex situations, consult an estate planning attorney.

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