When Does Living Will Need to be filed?

Q: Does the living will need to be filed with the county court house after death or before? : Mother did not include "Do-not-resuscitate order. She wants to go in her sleep at home. She is 89 years old. Do I need another addendum to the living will to include this? Or, just leave it be. We live in Texas.

A: Keith’s answer: Living Wills are also called Heath Care Directive, Advanced Directive and Power of Attorney for Heath Care. They are all the same document. The document does not need to be filed or notarized, but placed in your medical file and copies with your agent. You may want to consider a DNR (do not resuscitate) into the document. Most health care facilities do have patients sign a simple DNR, but including as an addendum is a good idea so your family member’s wishes can be carried out as directed. Suggest you look to the Texas State Bar Association for more information about available forms in Texas. An estate planning counsel in Texas should considered so that the entire estate plan is consistent.

This answer does intend to provide legal advice but only shared for educational purposes. Each person should personally consult a licensed attorney to see how their situation can be addressed in their state. Be advised, this may not be the final answer to the question, but based on the facts presented, a possible answer is provided.

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