The 76th
Legislature closed its regular session on May 31, 1999. It considered
hundreds of proposals, and voted to make many of them into law. Several
important bills affecting Seniors are in line to become law. One of them
is called the "Advance Directives Act."
Governor Bush vetoed a similar bill that was passed by the 75th
Legislature in 1997. According to the Governor’s office, he vetoed the
1997 bill because it contained "several provisions that would permit a
physician to deny life-sustaining procedures to a patient who desires
them."
Now, the 1999 Advance Directives Act is in the Governor’s hands. This
Act provides adequate safeguards, and contains many overdue legal
refinements. Texas law needs this Act’s improvements.
The Act gathers together three existing laws – the Natural Death Act,
originally passed in 1977, the Do-Not-Resuscitate (DNR) law, originally
passed in 1993 and the Health Care Power of Attorney Act, originally
passed in 1989. Because these laws were passed in different years and in
response to different needs, they were poorly coordinated. The 1999 Act
fixes this by giving each law a uniform set of definitions and conditions
to follow.
Each of the existing laws is improved in the 1999 Act. For instance:
* The 1977 Natural Death Act allowed you to sign a "Directive to
Physicians" declaring that you decline artificial life support if your
medical condition ever becomes both irreversible and terminal. The 1999
Act expands on this approach, allowing you the option to refuse
life-sustaining care if your physician diagnoses a terminal condition that
will cause your death within 6 months.
* The 1989 Health Care Power of Attorney Act required that a document
be signed twice by its maker. The 1999 Act would ask for only one
signature – a major simplification for any ill Senior for whom signing
twice was a struggle.
* The 1993 Do Not Resuscitate law has very exacting documentary
requirements. For instance, the original signed DNR must be present under
most circumstances. The 1999 Act would allow a photocopy of the document
to suffice.
* All of the existing laws require that two witnesses sign each
document. The laws impose varying conditions on who can act as a witness.
The 1999 Act would standardize the witnessing requirements for all of the
Advance Directives, making it simpler to comply with the law. [Note: a law
change in 2009 allows Medical Powers of Attorney and Directives to
Physicians to be signed and notarized OR to be signed and witnessed.
Either way is now legally valid.]
* The existing laws are inconsistent in their approach to coordination
with other states’ laws. If you are a snowbird living in Texas 4 months a
year, you probably have Advance Directives drawn in your home state.
Current Texas law refuses to honor your home-state Directive to Physicians
but gives full legal effect to your home-state Medical Power of Attorney.
The 1999 Act fixes this by granting full reciprocity to all Advance
Directives made in other states (so long as they are legal in the state
where they were signed.)
The 1999 Advance Directives Act is a meaningful step
forward for Texas law. The Governor can sign it into law, or if he takes
no action, the Act will become law automatically. If you would like to
voice your opinion to his office, phone 800-
252-9600.
