5 Things to Include in a Living Will

 Posted on November 23, 2025 in Estate Planning and Probate

Estate planning often focuses on making arrangements for after you pass away. Many wills and trusts, for example, allow estate owners to distribute assets to their beneficiaries after death. Other documents, however, are designed to ensure your wishes are carried out during your lifetime. One of those documents is called a living will, also known as an advance directive. A living will contains instructions for your healthcare in the event you become incapacitated and are no longer able to make decisions for yourself.

With the help of a Bexar County, TX estate planning lawyer, you can make sure that your preferences are documented in detail. Geoff Mayfield, Attorney at Law has over 15 years of legal experience, which has given him deep insights into how to protect his client’s best interests. Our firm will take the time to make sure that nothing is overlooked in your advance directive, so you can rest easy with peace of mind.

Five Things to Include in Your Advance Directive

Living wills should convey your wishes exactly, which is why they are best drafted by an experienced Texas estate planning attorney. Consider discussing with your lawyer the following five things to include in your living will:

Preferences for End-of-Life Care

A living will should address the possibility of contracting a terminal illness. In the document, you can include your preferences for end-of-life care such as pain management and palliative treatments. You may, for example, want to consider specifying whether you wish to receive hospice care at home or in a facility, or whether you want aggressive or more balanced pain relief.

A living will prioritizes your comfort. By opting in or out of hospice care, you can make sure that your preferences are communicated well in advance of any life-threatening condition. When you go over your preferences for end-of-life care in a living will, it is important that you are as specific as possible, so as to leave no room for disputes or misunderstandings. This will allow your loved ones and medical professionals to work more efficiently and address your needs.

Instructions for Life-Sustaining Care

Another important element of a living will is instructions for life-sustaining care. Your living will can clarify whether you want to be kept on life support if that becomes an option and your wishes regarding other interventions such as:

• Dialysis treatments if your kidneys fail

• Mechanical ventilation if you can no longer breathe

• Resuscitation if your heart stops beating

• Feeding tubes if you can no longer eat or drink

• Pacemakers to keep your heart beating at a regular rhythm

If, for any reason, you want to update your living will, you can create a new advance directive to override the old one (Texas Health and Safety Code Sec. 166.008). However, you should be sure to inform your loved ones and primary care physician of the changes to avoid any possible confusion.

In addition to a living will, many people name agents through a document known as a medical power of attorney (POA) to ensure that their healthcare preferences are followed after they become incapacitated. Appointing someone in a medical POA ensures that your wishes will be closely followed by someone you trust.

Preferences for Organ Donation

Some people choose to be organ donors upon their death, while others do not. A living will can outline your wishes regarding organ donation, if you want to donate at all. Some donors prefer to donate their organs to medical research, for example, while others donate theirs for transplantation. Our firm can discuss your wishes and help document your decisions about organ donation so they can be carried out.

Most commonly, people opt to donate their kidneys, lungs, liver, heart, or intestines upon their passing. Keep in mind that in order to donate an organ, the donor must typically be inside a hospital at the time of death. Even if you are suffering from an illness, this does not necessarily preclude you from organ donation.

Religious Considerations

Religious beliefs and preferences are also a crucial part of a living will. People of different faiths may have strong feelings about issues tied to an advance directive, such as whether or not to submit to life-extending treatment. As mentioned before, having a medical POA in addition to a living will can help make sure that your religious preferences are respected, especially if the agent belongs to the same faith or understands your relationship with religion.

In your living will, be sure to detail which treatments, if any, you want to decline based on religious reasons. Aside from end-of-life care, you may also want to request that certain spiritual rites or services be performed under certain circumstances.

Signatures and Witnesses

For a living will to be legally valid, it must be signed before two witnesses or a notary public. If witnesses are present, at least one of them must not be related to you by marriage or blood. He or she must also not be a beneficiary of your estate.

Your signature is only valid if you are deemed to be "of sound mind" at the time of signing, meaning that you fully understand the implications of the document. If someone alleges that you were not of sound mind at the time of signing, the validity of the entire living will could be called into question.

Contact a Bexar County, TX Living Will Attorney

A living will is an incredibly important document in your estate plan, since it concerns your comfort and wishes. When you set aside the time to create an advance directive, you should make sure that you have addressed any and all possible concerns, leaving no doubt in the minds of the people you entrust your care to.

The best way to ensure your living will is valid and accurately conveys your instructions is to have it drafted by a San Antonio, TX advance directive lawyer. Geoff Mayfield, Attorney at Law provides personalized legal services in all estate planning matters, including living wills and advance directives. Schedule a free consultation with an experienced attorney today by calling 210-535-0870 now.