Signing Requirements

The declarant must sign a living will in Texas with two witnesses. The witnesses cannot be any of the following:

1. A person designated by the declarant to make a healthcare or treatment decision;
2. A person related to the declarant by blood or marriage;
3. A person entitled to any part of the declarant’s estate after the declarant’s death under a will or codicil executed by the declarant or by operation of law;
4. The attending physician;
5. An employee of the attending physician;
6. An employee of a healthcare facility in which the declarant is a patient if the employee is providing direct patient care to the declarant or is an officer, director, partner, or business office employee of the healthcare facility or of any parent organization of the healthcare facility; or
7. A person who, at the time the written advance directive is executed or, if the directive is a non-written directive issued under this chapter, at the time the non-written directive is issued, has a claim against any part of the declarant’s estate after the declarant’s death.^[1]