The Most Overlooked Estate Planning Document—and Why You Need It
- Nancy Escobedo
- 1 hour ago
- 3 min read
When most people think about estate planning, they picture wills, trusts, and dividing up their belongings—the “who gets what” part.
But there’s one crucial document almost everyone forgets—and it has nothing to do with money.
It’s called a Directive to Physicians and Family or Surrogates—also known as an Advance Directive or Living Will—and in Texas, it might be one of the most compassionate documents you can create for yourself and your loved ones.
Why an Advance Directive Matters
A Texas Advance Directive lets you make your medical wishes clear if you’re ever unable to speak for yourself because of illness, injury, or incapacity.
It tells your doctor and loved ones what kind of medical treatment you want (or don’t want) if you are:
Facing a terminal condition—an incurable illness or injury expected to result in death within six months, even with treatment; or
Living with an irreversible condition—a serious illness or injury that can’t be cured, leaves you unable to care for yourself, and would be fatal without life-sustaining treatment.
In either situation, your Advance Directive lets you make choices like:
Whether you want life-sustaining treatment (such as a breathing machine, dialysis, or artificial nutrition and hydration).
Whether you prefer to focus on comfort care and allow natural death.
Without this document, your family may be forced to make these heartbreaking decisions on your behalf—often in moments of crisis, stress, and uncertainty.
What It Really Does
Your Advance Directive:
Guides your physician when you can’t communicate your wishes.
Relieves your loved ones from the burden of guessing or disagreeing about your care.
Supports your values by ensuring that your preferences, not hospital policies, drive your treatment plan.
It’s a written expression of compassion—for yourself and for those who love you.
How It Works in Texas
The official Texas form includes two main sections:
If you have a terminal condition:
You can choose to stop all treatments except those that keep you comfortable,or
You can choose to continue all available life-sustaining treatment.
If you have an irreversible condition:
You can again choose between comfort care or continued life-sustaining treatment.
You can also add specific instructions, such as whether you want artificial nutrition or hydration, and name a health care agent if you haven’t already signed a Medical Power of Attorney.
Your Advance Directive takes effect only when your doctor determines that you can no longer make or communicate your own medical decisions.
A Gift of Clarity and Peace
Creating an Advance Directive isn’t about “giving up.” It’s about taking charge—making thoughtful decisions now so your loved ones aren’t forced to make them later.
By putting your wishes in writing, you:
Lift an enormous emotional burden off your family’s shoulders.
Give your medical team clear direction.
Ensure that your final days, if faced with a serious illness, reflect your values and priorities.
It’s truly one of the most compassionate gifts you can give your loved ones.
Keep It Accessible
Once your Advance Directive is signed:
Give a copy to your primary care physician and ask that it be added to your medical file or patient portal.
Share a copy with your health care agent (if you have one) and close family members.
Keep the original with your estate planning documents or other important papers—and tell your loved ones exactly where to find it.
Remember: this document can only help if it’s available when it matters most.
Next Steps: Get Peace of Mind About Your Plan
If you live in Texas and don’t yet have an Advance Directive—or if it’s been years since you reviewed your estate plan—now’s the perfect time.
At Gasper Law, we make the process simple, compassionate, and stress-free.
Book a Peace of Mind Planning Session—a one-hour meeting (in person or via Zoom) where we’ll:
Explain how Advance Directives and Medical Powers of Attorney work together,
Review your options, and
Create a plan that reflects your wishes and values.
Mention this blog post, and we’ll waive the $450 session fee.
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