Recent Story Showcases Why You Should Have a Living Will in Texas

A man without a “Living Will” passed away recently in a Texas hospital.  In this case, the man had suffered a heart attack and suffered a brain injury.  The man was unresponsive in the hospital.  The hospital basically stated that there was no hope for recovery, and the man’s wife told the hospital to discontinue medical treatment.  However, the story is unique in that the wife and husband were actually in the process of getting a divorce.

If the man and wife are still married when medical treatment is discontinued, the husband’s estate would pass to the wife.  The man’s parents tried to intervene by trying to get legal guardianship over the man.  Unfortunately, the parents’ efforts failed, and the hospital discontinued treatment.

You can read about the story Here.

We’ll never know if the man could have recovered from his injuries.  It’s also troubling that we don’t know what medical treatment the man would have wanted.  Would he have wanted to be kept on life support?  Would he have wanted to discontinue life support?

How a Living Will Could Have Helped

In this situation, a Living Will would have told the hospital and family which treatment the man preferred.  In other words, a Living Will in Texas tells doctors what medical treatment the patient desires in end-of-life situations.  Some patients want to be allowed to die as gently as possible, discontinuing life support.  Other patients want to fight to the end.

What a Living Will Does

If your doctors determine that you have a terminal condition and are expected to die from this condition soon, you can tell your doctors and family which medical treatment you do or don’t want.  Similarly, if your doctors determine that you have an irreversible condition that has rendered you unable to make decisions and that you would die without life support, you can tell your hospital and family which treatment you want.

The Living Will in Texas basically puts these preferences in writing.  The reason to have your preference in writing is that you may not be able to speak for yourself when you’re hospitalized.  Just like the man in the story, you may be in a coma.


Free Consultation

To ask a legal question or get legal help from Texas wills and Texas probate lawyer Isaac Shutt, use the online contact form to the right or call (214) 302-8197. If you prefer to meet at the office in person in Richardson, TX- the attorney will gladly offer a free consultation.

Visit for more information on how to get a Living Will in Texas, Texas Advance Directives, Texas Advance Directive to Physicians, or how to get a medical power of attorney in Texas, contact Richardson Probate Attorney Isaac Shutt at

Shutt Law Firm’s office is conveniently located just north of Dallas, TX and just South of Plano, TX. The law office is near the intersection of highway 75 and Campbell Road in Richardson, TX.


You can also call Mr. Shutt at (214) 302-8197 for more information on the topic discussed in this article or to discuss a different legal matter. For existing clients, quick phone-calls and brief e-mails are always free at Shutt Law Firm PLLC.

Please consider the Shutt Law Firm if you want to know how much a Texas probate costs, more about Texas trusts, a Texas Last Will and Testament, or you need Dallas Probate Attorneys serving Richardson, Plano, Allen, McKinney, Garland, Addison, TX, Collin County, or surrounding North Texas area.


DISCLAIMER: Nothing in this brief article constitutes legal advice. The information provided herein is merely provided in the spirit of education. If you have a legal question, you should consult an attorney for your specific legal situation. Further, nothing in this article shall be construed to have started an attorney-client relationship. No such relationship exists until both you and attorney Isaac Shutt sign an engagement letter with the Shutt Law Firm, PLLC.

Probate Attorney, Wills Lawyer, and Guardianship Attorney

By Isaac Shutt