Austin Probate Attorney

Advance Healthcare Directives or Living Wills

Recently, with incidents such as Terri Schiavo in the news, living wills or advance healthcare directives have featured prominently in discussions surrounding issues such as right to life.

An advance healthcare directive or living will is a document drawn up by an attorney and generally includes a specific type of power of attorney or health care proxy. These documents are official and are usually witnessed or notarized. These documents often express a will to live. This will, as the name suggests, involves a wish to live as long as possible and not refuse healthcare treatment in case of serious conditions.

A living will usually covers specific directives as to the course of treatment that is to be taken by caregivers, or, in particular, in some cases forbidding treatment and sometimes also food and water, should the principal be unable to give informed consent (or “individual health care instruction”) due to incapacity.

A power of attorney for health care appoints an individual or proxy to direct health care decisions should the principal be unable to do so.

In the United States, most states recognize a living will or at least a health care proxy. Unfortunately, a 2002 report by the Robert Wood Johnson Foundation found that only 7 states deserved an “A” for meeting the standards of the model Uniform Rights of the Terminally Ill Act. Surveys also show that 1/3 of Americans have had to make end of life decisions for a loved one.

For this reason, it is important that people write a living will. If you need a living will or a will in general, contact an Austin Probate Lawyer at Slater & Kennon.


Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.