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What are advance directives in Texas, and what does each paper do?

By Mickie Byrd, licensed Texas life insurance agent (NPN 22277248) · last reviewed 2026-07-13

Advance directives are the papers that speak for you while you are alive, when illness or an accident leaves you unable to speak for yourself. In Texas, three papers do most of that work. Each one answers a single question: what care you want, who decides when you cannot, and who your doctors may talk to.

The first question is about the care itself. The directive to physicians tells your doctors what care you want, and what care you do not want, when you cannot speak for yourself near the end of life. Some people call it a living will, but it is not a will at all. A will works after death. This paper works while you are alive.

The second question is about who decides. No paper can answer everything ahead of time, so the medical power of attorney names one person you trust to answer the questions that come. It takes effect only when you cannot make medical decisions yourself. Until then, you decide everything, the same as always.

The third question is about who gets answers. The HIPAA release is named for the federal privacy law, and it lets your doctors share your medical information with the people you name. Without it, privacy rules can keep even close family from getting answers over the phone. With it, the people you name can ask, and your doctors are allowed to answer.

Two other papers wear similar names, and mixing them up is common. A will says who inherits after death, and it does nothing at a hospital bedside. A power of attorney for money matters is a separate paper as well. The medical power of attorney covers medical decisions only.

Texas wrote free forms for the directive to physicians and the medical power of attorney into its law, so those two forms cost nothing. Each paper has its own signing rules, and following those rules is what makes a paper count. A lawyer can prepare all three, make sure each one is signed the way the law requires, and answer how they fit your own situation.

These papers only help if they can be found. Give a copy to your doctor, and a copy to the person you named. Then tell your family where the originals are kept. A paper that can be found when it is needed does exactly what it was written to do: it speaks for you.

Common questions

Is a directive to physicians the same as a will?
No. A will works after death and says who inherits. A directive to physicians works while you are alive. It tells doctors what care you want when you cannot speak for yourself.
Do these papers cost money to make?
Texas wrote free forms for the directive to physicians and the medical power of attorney into its law. Those two forms cost nothing. A lawyer can prepare all three and fit them to your own situation.
When does a medical power of attorney take effect?
Only when you cannot make medical decisions yourself. Until then, you make every decision, and the person you named has no say.
What does a HIPAA release actually do?
It lets doctors share your medical information with the people you name. Without one, privacy rules can keep even close family from getting answers.

Getting your own affairs in order is free at The Legacy Kit™. A licensed person answers at 844-BYRD-FIN, and no one calls unless you ask.

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