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Commonly Asked Questions about Legal Medical Forms

Furthermore, Advance Directives are legally binding documents that are recognized in all 50 states. It is vital that you take the time to create an Advance Directive so that your wishes are known and followed in the future.
Under AB 2338 (codified at Probate Code 4712), a health care provider or a designee of the health care facility caring for the patient may choose a surrogate to make health care decisions on the patients behalf, as appropriate in the given situation. Hence it is the responsibility of the providerin a nursing
ing to Section 166.031 of the Texas Health and Safety Code, a Texas living will must be signed by you in the presence of two witnesses or a notary public. Your living will can cover life sustaining treatment, which Section 166.002 defines as any treatment necessary to sustain your life.
For example, a living will would allow you to tell doctors that you do not want to receive a blood transfusion. A medical power of attorney does not discuss specific procedures but instead gives someone else the authority to make decisions about those procedures for you.
These signatures and the notarial act may be the linchpin between a document that is valid and legally binding, or not. Whether or not your home state calls for an official notarization by a notary public, every state in the U.S. requires your advance directive to be signed by witnesses.
DOES THE DIRECTIVE HAVE TO BE docHubD? No. Two witnesses are sufficient to document your signature. The Texas Department of State Health Services Standard Out-Of-Hospital Do-Not-Resuscitate Order does not have to be docHubd, but may be docHubd instead of having two witnesses.
Optionally, a competent adult person, guardian, agent, proxy, or qualified relative may sign the OOH-DNR Order in the presence of a notary instead of two qualified witnesses. Witness or notary signatures are not required when two physicians execute the order by signing Section F.
The two most common advance directives for health care are the living will and the durable power of attorney for health care.