September 09, 2024

Can You Challenge a Living Will in Texas?

A living will, also known as a directive to physicians, is a legal document that allows individuals in Texas to specify their wishes for medical treatment in the event they are incapacitated and unable to make decisions for themselves. This can be a very important part of estate planning, as it ensures your medical wishes are respected. At Villeda Law Group, we recognize the significance of these directives in safeguarding your healthcare preferences.
But, what happens if you disagree with a loved one’s living will? Can you challenge it in court?

Legal Grounds for Challenging a Living Will

Texas law does allow for challenges to living wills under certain circumstances. Here’s a breakdown of the key points to consider:

Statutory Requirements for Validity

Under Texas law, for a living will to be deemed valid, it must meet several criteria outlined in the Texas Health and Safety Code. Firstly, the individual creating the will (the declarant) must be at least 18 years old, of sound mind, and must voluntarily sign the document. This signing must occur in the presence of two competent adult witnesses, or it must be acknowledged before a notary public.

A challenge to the living will’s validity can arise if evidence suggests that these conditions were not met. For instance, if the declarant was experiencing a mental impairment at the time the will was signed that could have impacted their decision-making capabilities, the document’s validity might be questioned. Similarly, procedural discrepancies, such as improper witnessing or notarization, can also render a living will invalid.

Undue Influence or Coercion

Undue influence occurs when a living will is executed under pressure from an individual who stands to benefit from its terms, which may distort the declarant’s true intentions. In such cases, the courts can invalidate the document if evidence demonstrates that the declarant was coerced or excessively influenced during the drafting and signing process. The burden of proof typically rests on the party challenging the will to demonstrate that undue influence was indeed a factor.

Changes in Circumstance

Living wills can also be contested due to significant changes in the declarant’s personal or medical circumstances that were not anticipated at the time the document was created. Advances in medical technology or treatments that could potentially extend life or improve quality of life might influence the decisions around life-sustaining measures. If these new circumstances could have affected the declarant’s decisions, parties might argue that the living will no longer accurately reflect the individual’s current wishes or best interests.

Fraud

Fraud is another basis for challenging a living will in Texas. This occurs when the living will is procured by someone through deceitful means, such as by providing the declarant with misleading information or by falsifying the document itself. If fraud can be proven, the living will is deemed null and void.

Each of these grounds for challenging a living will underscores the importance of meticulous drafting and adherence to legal formalities. The decision to challenge a living will is a complex one. Texas probate law can be nuanced, and it’s crucial to understand the legal grounds for contesting the document before taking action. An experienced probate attorney in McAllen, TX can advise you on the specific facts of your situation and the likelihood of success in a challenge.

How to Challenge a Living Will in Texas

Challenging a living will in Texas involves a detailed legal process to ensure that the document truly reflects the wishes of the person who created it.

Step 1: Gather Evidence

Collect evidence that suggests the living will may not be valid, such as proof of mental incapacity at the time of signing, lack of proper witnessing, or signs of undue influence or coercion.

Step 2: Legal Representation

Consult with knowledgeable attorneys in McAllen, TX who can provide the necessary legal guidance and representation.

Step 3: File a Petition

File a petition with the probate court where the living will was registered, outlining the reasons for the challenge and the evidence gathered to support the claim.

Step 4: Notify Interested Parties

Notify all interested parties, including family members and healthcare providers, who may be affected by the outcome of the challenge.

Step 5: Court Hearing

Prepare for a court hearing where both sides will present their evidence and arguments regarding the validity of the living will.

Step 6: Court Decision

Await the court’s decision on whether to uphold the validity of the living will or to invalidate it based on the challenges presented.

Challenging a living will in Texas is a complex process that requires careful preparation and skilled legal representation to ensure that the true intentions of the person are honored. If you believe a living will does not accurately reflect someone’s wishes, it is crucial to take prompt action by seeking the assistance of competent probate attorneys from Villeda Law Group.

Considering a Challenge? Seek Qualified Attorneys in McAllen, TX

While it is possible to challenge a living will in Texas, taking the right legal steps when creating and maintaining this document can significantly reduce the chances of successful challenges. Villeda Law Group has extensive experience in handling delicate matters involving living wills and estate planning. Interested in ensuring your wishes are respected? Contact us today at Villeda Law Group, where your peace of mind is our top priority.