Texas Directive to Physicians on Behalf of a Minor - § 166.033
DIRECTIVE TO PHYSICIANS ON BEHALF OF A MINOR
(Texas
Health and Safety Code, § 166.033. Also see § 166.035)
Instructions for completing this document:
This is an important legal document known as an Advance Directive. It is
designed to help you communicate your wishes about medical treatment for your
spouse, child, or ward (who is under 18 years of age) and who is suffering from
a terminal condition (a terminal or irreversible condition that has been
diagnosed and certified in writing by the attending physician) at some time in
the future if you are unable to make your wishes known. These wishes are usually
based on personal values. In particular, you may want to consider what burdens
or hardships of treatment you would be willing to accept for a particular amount
of benefit obtained if your spouse, child, or ward were seriously ill.
You are encouraged to discuss your values and wishes with your family or chosen
spokesperson, as well as your spouse's, child's or ward's physician. That
physician, other health care provider, or medical institution may provide you
with various resources to assist you in completing your advance directive. Brief
definitions are listed below and may aid you in your discussions and advance
planning. Initial the treatment choices that best reflect your personal
preferences. Provide a copy of this directive to the physician, usual hospital,
and family.
You may also wish to complete a directive related to the donation of organs and
tissues.
DIRECTIVE
I, ___________________________________________________________________________,
am the _____ spouse _____ parent _____ guardian of
__________________________________
__________________________________________________ a minor under the age of
eighteen (18) years. I am making this Directive on behalf of my _____ spouse
_____child _____ward. I recognize that the best health care is based upon a
partnership of trust and communication between a patient and his/her physician.
My _____ spouse's _____child's _____ward's physician and I will make health care
decisions together which we believe to be in the best interests of my _____
spouse _____child _____ward. Keeping in mind that I have consulted with the
physician, I direct that the following treatment preferences be honored:
If, in the judgment of the physician, my _____ spouse _____child _____ward is
suffering with a terminal condition from which he/she is expected to die within
six months, even with available life-sustaining treatment provided in accordance
with prevailing standards of medical care: __________ I request that all
treatments other than those needed to keep my _____ spouse _____child _____ward
comfortable be discontinued or withheld and the physician allow my _____ spouse
_____child _____ward to die as gently as possible; OR __________ I request that
my _____ spouse _____child _____ward be kept alive in this terminal condition
using available life-sustaining treatment. (THIS SELECTION DOES NOT APPLY TO
HOSPICE CARE.)
If, in the judgment of my physician, my _____ spouse _____child _____ward is
suffering with an irreversible condition so that he/she cannot care for
himself/herself, and he/she is expected to die without life-sustaining treatment
provided in accordance with prevailing standards of care: __________ I request
that all treatments other than those needed to keep my _____ spouse _____child
_____ward comfortable be discontinued or withheld and that the physician allow
_____ spouse _____child _____ward to die as gently as possible; OR __________ I
request that my _____ spouse _____child _____ward be kept alive in this
irreversible condition using available life-sustaining treatment. (THIS
SELECTION DOES NOT APPLY TO HOSPICE CARE.)
Additional requests:
(After discussion with the physician, you may wish to consider listing
particular treatments in this space that you do or do not want to be used or
administered in specific circumstances, such as artificial nutrition and fluids,
intravenous antibiotics, etc. Be sure to state whether you do or do not want the
physician to use the particular treatment.)
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
I understand and agree that only those treatments needed to keep my _____ spouse
_____child _____ward comfortable would be provided and that he/she would not be
given available lifesustaining treatments.
Signed: _______________________________________________________________________
Date: _________________________________________________________________________
City, County, State of Residence:
__________________________________________________
______________________________________________________________________________
I am the _____ spouse _____ parent _____ guardian of
_________________________________
______________________________________________________________, a minor under
the age of eighteen years of age.
Two competent adult witnesses must sign below, acknowledging the signature of
the declarant. The witness designated as Witness 1 may not be a person
designated to make a treatment decision for the patient and may not be related
to the patient by blood or marriage. This witness may not be entitled to any
part of the estate and may not have a claim against the estate of the patient.
This witness may not be the attending physician or an employee of the attending
physician. If this witness is an employee of a health care facility in which the
patient is being cared for, this witness may not be involved in providing direct
patient care to the patient. This witness may not be an officer, director,
partner, or business office employee of a health care facility in which the
patient is being cared for or of any parent organization of the health care
facility.
Witness 1: _____________________________________________________________________
Witness 2: _____________________________________________________________________
Definitions:
"Artificial nutrition and hydration" means the provision of nutrients or
fluids by a tube inserted in a vein, under the skin in the subcutaneous tissues,
or in the stomach (gastrointestinal tract). "Irreversible condition" means a
condition, injury, or illness:
(1) that may be treated, but is never cured or eliminated;
(2) that leaves a person unable to care for or make decisions for the person's
own self; and
(3) that, without life-sustaining treatment provided in accordance with the
prevailing standard of medical care, is fatal.
Explanation: Many serious illnesses such as cancer, failure of major organs
(kidney, heart, liver, Or lung), and serious brain disease such as Alzheimer's
dementia may be considered irreversible early on. There is no cure, but the
patient may be kept alive for prolonged periods of time if the patient receives
lifesustaining treatments. Late in the course of the same illness, the disease
may be considered terminal when, even with treatment, the patient is expected to
die. You may wish to consider which burdens of treatment you would be willing to
accept in an effort to achieve a particular outcome. This is a very personal
decision that you may wish to discuss with your physician, family, or other
important persons in your life.
"Life-sustaining treatment" means treatment that, based on reasonable
medical judgment, sustains the life of a patient and without which the patient
will die. The term includes both lifesustaining medications and artificial life
support such as mechanical breathing machines, kidney dialysis treatment, and
artificial hydration and nutrition. The term does not include the administration
of pain management medication, the performance of a medical procedure necessary
to provide comfort care, or any other medical care provided to alleviate a
patient's pain.
"Terminal condition" means an incurable condition caused by injury,
disease, or illness that according to reasonable medical judgment will produce
death within six months, even with available life-sustaining treatment provided
in accordance with the prevailing standard of medical care.
Explanation: Many serious illnesses may be considered irreversible early
in the course of the illness, but they may not be considered terminal until the
disease is fairly advanced. In thinking about terminal illness and its
treatment, you again may wish to consider the relative benefits and burdens of
treatment and discuss your wishes with your physician, family, or other
important persons in your life.
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