Living Wills

Living Wills Attorney in Tyler, TX

Practical & Thoughtful Planning for Texans & Their Families

Planning for medical decisions in advance is essential for having clarity and peace of mind during difficult times. A living will is a vital legal instrument that specifies your treatment preferences if you become unable to express them yourself. At Michael D. Franks, Esq, we work closely with families to create living wills that reflect their personal values, meet state requirements, and complement existing estate plans.

Don’t leave your family facing heart-wrenching healthcare decisions in the future. Our firm provides clear guidance to help you move forward with confidence. When you partner with our living wills lawyer, you can expect thoughtful planning and personalized counsel in a laid-back environment. We combine advanced knowledge of Texas law with strategic planning to protect your loved ones and legacy.

Secure your legacy in Tyler with a carefully crafted living will. Contact us online to discuss your situation with our knowledgeable attorney. Se habla español.

What Is a Living Will?

A living will (formally known as a “Directive to Physicians and Family or Surrogates”) is a legal document that allows you to communicate your wishes about life-sustaining medical treatment in the event that you become incapacitated and are unable to make or communicate your own healthcare decisions due to a terminal or irreversible condition.

When Does a Living Will Take Effect?

A living will only takes effect if you are unable to communicate and meet one of two criteria:

Terminal condition. You have an incurable condition that will likely cause death within six months, even with life-sustaining treatment.
Irreversible condition. You have a condition that can be treated but not cured, would be fatal without life-sustaining treatment, and leaves you unable to care for yourself.

The treating physician must certify in writing that you have a terminal or irreversible condition and are unable to make your own medical decisions.

What Are the Requirements for a Valid Living Will in Texas?

To create a legally valid living will, you must be at least 18 years of age, of sound mind, and sign the document before a notary public or two witnesses who are over 14, not related by blood or marriage, and not entitled to your estate. We can help you navigate these strict requirements to create a living will that is legally binding under state law and accurately reflects your wishes.

What Can I Include in a Living Will in Texas?

A living will can include various preferences, such as:

Specific medical treatments. The directive allows you to specify treatments you do or do not want, such as artificial nutrition and hydration (tube feeding), mechanical ventilators, kidney dialysis, or intravenous antibiotics.
Designation of a spokesperson. If you do not already have a separate medical power of attorney (MPOA), a living will allows you to designate a trusted surrogate to make treatment decisions with your physician.
Organ and tissue donation. A living will allows you to specify whether you wish to donate organs or tissues after death for transplant, research, or education, as well as any limitations or conditions that are important to you.
Pain management preferences. A living will lets you express your preferences for pain management, such as palliative, hospice, or comfort-focused care.

Can a Living Will Be Changed or Revoked?

A living will can be modified, updated, or revoked at any time if the testator is still of sound mind. If you are changing your wishes for medical treatment, such as CPR, ventilators, or feeding tubes, properly executing the document is critical to avoid confusion in future scenarios. We can assist with modifications, formally revoke outdated documents, and help you execute a legally valid living will that aligns with your current preferences.

Do I Need a Lawyer to Execute a Living Will?

While you are not legally required to have a lawyer to create a living will, consulting with our attorney is strongly recommended to execute a legally valid document that clearly reflects your wishes and aligns with other estate planning documents.

Our firm can help you execute a well-crafted living will by assessing your goals, identifying potential conflicts or inconsistencies with existing documents, and guiding you through the signing and witnessing requirements.

Advantages of Choosing Michael D. Franks, Esq

Personalized Guidance

We understand that no two families are alike, which is why we deliver straightforward counsel tailored to your long-term needs and goals.

Comprehensive Legal Support

From wills to trusts, we offer a full range of estate planning services to help you craft legally sound documents and create a cohesive estate plan.

Real-World Experience

Our lawyer is a seasoned entrepreneur with multiple advanced degrees in business and finance, making us uniquely positioned to help you plan for the future.

Holistic & Practical Approach

We combine a holistic approach with practical planning to develop strategic solutions for families in a low-pressure environment.

Direct Attorney Access

You are never just another case number. When you choose our firm, you can expect direct attorney access at every step.

Planning for the future can be daunting, but you don’t have to face it alone. Call (903) 226-7232 to schedule a free consultation with our living wills lawyer.

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