Free Texas Advance Directive: Complete Legal Template
Medical care instructions if you become incapacitated
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ADVANCE DIRECTIVE FOR HEALTHCARE State of Texas PART I — APPOINTMENT OF HEALTHCARE AGENT I, [YOUR NAME], of [ADDRESS], Texas TX, appoint the following person as my Healthcare Agent: Agent Name: [AGENT NAME] Address: [AGENT ADDRESS] Phone: [PHONE] Alternate Agent: [ALTERNATE NAME] Address: [ALTERNATE ADDRESS] Phone: [PHONE] My Healthcare Agent is authorized to make all healthcare decisions for me when I am unable to do so, including decisions about life-sustaining treatment. PART II — INSTRUCTIONS FOR HEALTHCARE If I am terminally ill or permanently unconscious: [ ] I DO want life-sustaining treatment [ ] I DO NOT want life-sustaining treatment [ ] I want treatment only if my doctor believes it will improve my condition Artificial Nutrition and Hydration: [ ] I DO want artificial nutrition and hydration [ ] I DO NOT want artificial nutrition and hydration Pain Management: I want all measures taken to keep me comfortable and free from pain, even if such measures hasten my death. Organ Donation: [ ] I wish to donate my organs and tissues [ ] I do not wish to donate my organs PART III — GENERAL PROVISIONS This directive is made in accordance with Texas law (TX Statutes). It shall remain in effect until revoked. DECLARANT SIGNATURE: _____________________ DATE: _____ WITNESS 1: _____________________ DATE: _____ WITNESS 2: _____________________ DATE: _____ NOTARY (if required in Texas): Subscribed and sworn before me this ___ day of _______, 20__. Notary Public: _____________________
Where to File Your Advance Directive in Texas
Visit your local County Clerk office to file or notarize your Advance Directive.
Harris County Clerk
Houston
201 Caroline St, Houston, TX 77002
Dallas County Clerk
Dallas
509 Main St, Dallas, TX 75202
Bexar County Clerk
San Antonio
100 Dolorosa, San Antonio, TX 78205
Travis County Clerk
Austin
5501 Airport Blvd, Austin, TX 78751
Texas Advance Directive Requirements
Review the following requirements to ensure your Advance Directive is legally valid in Texas.
Texas Notarization
While notarization may not be required in Texas, it is recommended. Fees range from $6-$10.
Before You Sign
Review all information carefully. In Texas, a 6.25% sales tax may apply.
Legal Protection
Keep copies of all signed documents. Texas law requires all parties to receive copies of executed documents.
Texas Filing Deadlines
Check Texas deadlines for filing or recording this document with the appropriate county clerk's office.
FAQ: Advance Directive in Texas
Is a Advance Directive required in Texas?
Yes, in Texas, a Advance Directive is required for most transactions of this type. Under Texas State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Advance Directive may result in legal complications.
Does a Advance Directive need to be notarized in Texas?
Notarization requirements in Texas (TX) vary by transaction type. Notary fees in the state typically range from $6-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Advance Directive in Texas?
Texas has a base sales tax rate of 6.25%. Depending on the type of transaction documented in your Advance Directive, additional local taxes may apply. Consult with a Texas tax professional for specific guidance on your situation.
Is an advance directive the same as a living will?
An advance directive is a broader document that typically includes both a living will (treatment preferences) and a healthcare power of attorney (appointing a decision-maker). Some states combine these into one form.
When does an advance directive take effect?
An advance directive takes effect only when you are unable to communicate your own healthcare decisions, typically due to unconsciousness, severe illness, or cognitive impairment. Your doctor must determine you lack decision-making capacity.
Do hospitals have to follow my advance directive?
Yes, healthcare providers are legally required to follow valid advance directives in all states. However, a provider may refuse on moral grounds but must transfer your care to another provider who will honor your wishes.
Michael Chen, Esq.
Real Estate Law Consultant
Bar Certified, Real Estate Expert
Expert in property transactions and real estate documentation
This Advance Directive template for Texas has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Advance Directive Costs in Texas
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | Texas standard rate: $6-$10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in Texas |
| Sales Tax | 6.25% | Texas base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
Texas Advance Directive Legal Guide
For residents of Texas, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.
Texas law (Texas State Code) governs this Advance Directive. Key financial considerations include a 6.25% sales tax rate and notary fees of $6-$10. The document requires 1 witness and remains valid indefinite.
Ensure your transaction is legally sound in Texas with this expertly crafted, state-compliant template.
What Texas Attorneys Want You to Know
Practicing lawyers in Texas emphasize three things: accuracy, completeness, and compliance with TX statutes. A well-prepared Advance Directive saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a Texas-licensed attorney is worth the investment.
Legal Validity & Enforcement
Once properly executed, your Advance Directive is legally binding in Texas and enforceable in TX courts. The document remains valid for the duration specified in its terms. Texas courts generally uphold properly executed documents, provided they comply with applicable TX statutes.
How to Complete This Form
Start by gathering all necessary information: party names, addresses, and relevant details specific to your transaction. Texas law under TX requires accuracy in every field. Once completed, have all parties review the document before signing. Depending on the transaction type, Texas may require notarization or witness signatures.
TX Compliance Checklist
Before finalizing your Advance Directive, verify that it meets Texas's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by TX statute
Once properly executed, your Advance Directive is legally binding in Texas and enforceable in TX courts. The document remains valid for the duration specified in its terms. Texas courts generally uphold properly executed documents, provided they comply with applicable TX statutes.
How to Complete This Form
Start by gathering all necessary information: party names, addresses, and relevant details specific to your transaction. Texas law under TX requires accuracy in every field. Once completed, have all parties review the document before signing. Depending on the transaction type, Texas may require notarization or witness signatures.
TX Compliance Checklist
Before finalizing your Advance Directive, verify that it meets Texas's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by TX statute
Before finalizing your Advance Directive, verify that it meets Texas's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by TX statute
Document Information
- Document
- Advance Directive
- State
- Texas (TX)
- Category
- Estate Planning
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 6.25%
- Notary Fee
- $6-$10
Texas Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in Texas may change. Consult a licensed attorney for advice specific to your situation.