Living Will Requirements in Texas
A Texas directive to physicians must be signed in front of two qualified witnesses or, instead, signed and acknowledged before a notary public.
Last checked . General information, not legal advice.
Texas at a glance
- Name of the document
- Directive to Physicians and Family or Surrogates
- Witnesses
- 2 witnesses
- Or a notary instead of witnesses
- Notarization
- Instead of witnesses
The rules in Texas
What is a living will called in Texas?
In Texas, the document is called the Directive to Physicians and Family or Surrogates.
Does a living will need witnesses in Texas?
Texas requires two witnesses, or a notary instead.
Does a living will need to be notarized in Texas?
Only if you do not use witnesses. Texas accepts a notary as an alternative to witnesses.
Where do the Texas rules for living wills come from?
They come from Tex. Health & Safety Code 166.032 and Tex. Health & Safety Code 166.003. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How Texas compares
Texas is one of 22 jurisdictions that accept a notary instead of witnesses.
What this means in practice
Give copies to your doctor, your health care agent and close family, and keep the original where it can be found quickly. A living will that nobody can find cannot help.
Many states have rules about who may serve as a witness, for example excluding relatives or your health care providers. Check the statute before you sign.
Review the document after a major diagnosis, a move to another state or a change in your wishes.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.