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Home » BLOG » OOH-DNR Orders in Texas: Part 3 of 3

OOH-DNR Orders in Texas: Part 3 of 3

December 18, 2013 by Stephen A. Mendel, Estate Planning Attorney

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.

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Stephen A. Mendel, Estate Planning Attorney
Stephen A. Mendel, Estate Planning Attorney
Mr. Stephen Mendel is an attorney who focuses a substantial part of his practice on estate planning. Mr. Mendel’s guiding principle is to provide his clients with quality legal services tailored to each client’s specific needs and goals.
Stephen A. Mendel, Estate Planning Attorney
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Filed Under: Elder Law, Estate Planning, Incapacity Planning, Long Term Care, Special Needs Planning Tagged With: incapacity planning, long term care, nursing homes, Power of Attorney, special needs planning

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  • About Stephen A. Mendel, Estate Planning Attorney

    Mr. Stephen Mendel is an attorney who focuses a substantial part of his practice on estate planning. Mr. Mendel’s guiding principle is to provide his clients with quality legal services tailored to each client’s specific needs and goals.

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