Similar to estate planning testamentary formalities, you must comply with the statutory formalities required for DNR Orders. You must sign your DNR-OOH Order in front of at least two witnesses. If you are unable to sign the document and authorize someone else to sign it on your behalf, the third-party signing agent must do it in front of at least two witnesses.
In some circumstances, you may also be able to sign in front of a notary if you cannot find two witnesses, but the notary may not be able to serve as an effective witness if your DNR Order is subject to a claim asserting invalidity. Your witnesses must also be at least 18 years of age and mentally competent. Finally, Texas law states that one of your two witnesses must not be a blood or marriage relative. At least one of your witnesses must not be a doctor or his staff member, cannot be someone with a stake, interest or claim to your estate, cannot be the owner or agent in charge of admissions in your nursing home or other health care facility and cannot be a health care professional in the facility you reside in.
Because of the formalities required to create a valid order, talk to our office about the statutory requirements to create one.
Stephen A. Mendel, Estate Planning Attorney
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