Should I Put Advanced Directives in My Will?

 Posted on March 20, 2025 in Elder Law

Many people want to ensure that their medical wishes are respected if they become seriously ill or unable to communicate. If you are healthy now but thinking ahead about long-term care, advanced directives can provide clear instructions about your medical treatment and who can make decisions for you. These legal documents give your family and doctors the guidance they need before a crisis happens.

However, one common mistake is including advanced directives in a will, which is not the best way to make sure your end-of-life care preferences are followed. At The Law Office of Ryan C. Moe, PLLC, our Texas estate planning lawyers help people address this sensitive topic with legally enforceable advanced directives that ensure their wishes are carried out when it matters most.

Why a Will Is Not the Right Place for Advanced Directives

A will is a legal document that distributes your assets after your death; it does not take effect while you are still alive. That means any medical instructions included in a will would not be reviewed until after it is too late to follow them.

Instead of including medical preferences in a will, Texas law allows people to create specific legal documents that spell out their healthcare wishes in advance. These documents ensure that doctors and family members know what you want before you are in a position where you cannot communicate.

What Advanced Directives Should You Have?

To make sure your medical decisions are respected, consider setting up the following documents:

• Medical power of attorney: This allows you to designate someone you trust to make healthcare decisions for you if you cannot do so yourself.
• Living will: This document outlines the types of life-sustaining treatments you want or do not want if you become terminally ill or permanently unconscious.
• Do Not Resuscitate (DNR) or Out-of-Hospital DNR: If you do not want CPR or other resuscitation efforts, a DNR order ensures that emergency responders and healthcare providers respect your wishes.

These documents should be created while you are still in good health and clearly spell out your preferences so there is no confusion among your loved ones.

Who Should Have a Copy of Your Advanced Directives?

Advanced directives are only useful if the right people know about them. Once they are finalized, you should share copies with your medical power of attorney, your primary care doctor, any other specialists who might be involved in end-of-life care, and family members and/or close friends.

Keeping these documents somewhere easy to find and making sure that people you trust have copies can prevent confusion and help avoid conflicts between family members.

How a Texas Elder Law Attorney Can Help

Creating advanced directives requires careful legal wording to ensure your choices are clearly stated and legally enforceable. An elder law attorney can:

• Help you understand what medical treatments you can and cannot refuse under Texas law
• Draft and notarize all necessary documents
• Ensure that your advanced directives comply with state regulations
• Provide guidance on choosing the right person for your medical power of attorney

Having a lawyer draft your advanced directives ensures there is no room for interpretation or legal challenges down the road.

Talk to a San Antonio, TX Elder Law Attorney Today

If you are concerned that you may have trouble getting cared for at the end of your life the way you prefer, now is the time to set up legally binding advanced directives. At The Law Office of Ryan C. Moe, PLLC, our San Antonio, TX estate planning lawyers help clients throughout San Antonio and beyond create the documents they need to protect their wishes and their beliefs.

Call 210-861-6000 today for a consultation and start planning for your future.