Finalize your advance directive with proper signing, witnessing, and notarization. Requirements vary by state, so follow these steps to ensure your health care wishes are legally valid.
An advance directive makes your medical treatment wishes clear if you're ever unable to speak for yourself because of illness, an accident, or advanced age. It combines two important documents: a living will and a health care power of attorney. Depending on your state, you might complete these forms separately or as one combined document. Either way, you must follow your state's specific rules for signing, witnessing, and notarizing to make sure your health care directives are legally valid.
Six Steps to Finalize Your Advance Directive
After you complete a health care directive, follow these steps to make it legal:
Step 1. Sign your document in front of witnesses or a notary public. Wait until you are with them to sign. Your state may require you to sign in front of witnesses, a notary, or both.
Step 2. If your state requires it, have your agent sign the document. This is required in only a few states, including Alabama, Michigan, and Oregon. Check your state’s rules to be sure.
Step 3. If your state requires witnesses, have them sign after watching you sign. Most states require two witnesses to confirm that you appeared mentally competent and were not under pressure to sign. You can find your state’s witness rules at the end of this article, including who cannot be a witness. If your document also needs to be notarized, wait and go to the notary with your witnesses before signing.
Step 4. If needed, have your document notarized. Some states let you choose between witnesses or a notary, but several require both. The notary will watch you sign, check your ID, and add their official signature.
Step 5. Make copies and share them. Give copies to your health care agent, family, doctors, and any hospitals or care facilities where you receive treatment.
Step 6. Store the original in a safe place. Make sure your agent and family know where to find it if needed.
The rest of this article explains how to sign your advance directive and have it witnessed or notarized.
Signing Your Advance Health Care Directive
Every state requires your signature on an advance directive, or a signature by someone on your behalf if you can’t. Wait to sign your advance directive until you are with the required witnesses or notary. This step helps make sure someone independent can confirm you were mentally competent, of legal age, and acting freely when you made your directive.
Does Your Health Care Agent Need to Sign?
Just a few states, including Alabama, Michigan, and Oregon, require your health care agent, and sometimes your alternate agent, to sign the document before they can act for you. If this applies in your state and you are using a state-approved form or a document from a lawyer, there should be a signature section for your agent.
Signing an Advance Directive for Someone Else
If you are helping someone who is too ill or weak to sign their own health care documents, you or another person can sign for them if they ask you to. Most state forms have a section where you write the document maker’s name and your signature as the authorized signer.
If someone signs for another person, both people should be present together in front of the witnesses or notary. This lets an independent person confirm that the document maker asked for the signature and that it aligns with their wishes.
Having Your Advance Directive Witnessed and Notarized
Your state’s rules say whether you need witnesses, a notary, or both to finish your advance directive. Some states allow either option, while others require both. You’ll find your state’s specific requirements below. Some states also have different rules for living wills and health care power of attorney documents.
Witnesses
Most states require two witnesses to observe your signing and provide written confirmation that you appeared mentally competent and were acting without coercion or undue influence.
States have rules about who can be a witness to avoid conflicts of interest. Usually, spouses, close relatives, people who might inherit from you, and your doctor cannot be witnesses. These rules make sure your witnesses have no personal or financial interest in your health care decisions. Your state’s witness restrictions are listed below and should also be on your forms above the witness signature lines.
Notarization
A notary public is a state-authorized official who verifies signatures on legal documents. Finding a notary is usually easy. You can search online for local notaries, check with your bank, or ask at your hospital, where notary services are often available.
You can visit a notary’s office or have a mobile notary come to you. The notary will watch you sign, check your photo ID, and then sign the notary section on your form or attach a separate certificate. There is usually a small fee of about $10 to $20, with additional charges for mobile notaries. Some hospitals offer notary services free of charge.
Check the state requirements section below and your document’s instructions to see if notarization is required in your state and if there are any rules about who can notarize.
If Your Advance Directive Requires Witnesses and a Notary
If your document needs both witnesses and a notary, it’s best for you and your witnesses to go to the notary together. Here’s how the process usually works:
- You sign in front of the witnesses and the notary.
- The witnesses sign after watching you sign.
- Finally, the notary public signs after verifying your identity.
Requirements can vary by state. Read the instructions that come with your advance directive to make sure you follow the rules. If you have questions, ask the notary, a patient representative at a health care facility, or an estate planning attorney.
Remote Witnessing and Notarization
Some states now allow remote finalization, especially remote notarization, but this is not common yet. Many states are still working out their rules and procedures.
If you can, it’s best to complete your documents in person. If you can’t travel to a notary, you might hire a mobile notary to come to you. As mentioned above, many hospitals also have a notary on staff who can help, sometimes for free. If you must use remote finalization, talk to a notary or attorney who knows your state’s remote witnessing and notarization laws to make sure you do it correctly.
If you can’t get the required signatures, still share your health care wishes with your loved ones and anyone who might make decisions for you. Even an unsigned directive can help guide them. While it may not be legally binding, it clearly shows your preferences.
State Witnessing and Notarizing Requirements for Advance Directives
Alabama
Advance Directive for Health Care
Two witnesses are required. Neither of your witnesses may be:
- under the age of 19
- your health care proxy
- the person who signed your advance directive for you, if you were unable to sign it yourself
- related to you by blood, marriage, or adoption
- legally entitled to any portion of your estate, or
- directly financially responsible for your medical care.
If you grant your proxy the power to direct your burial or cremation, your advance directive must also be notarized.
Alaska
Advance Health Care Directive
If you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized.
If you choose to have the document witnessed, neither of your witnesses may be:
- your health care agent
- your health care provider
- an employee of your health care provider, or
- an employee of the health care institution or health care facility where you are receiving health care.
In addition, at least one of your witnesses must not be related to you by blood, marriage, or adoption—and must not be legally entitled to any part of your estate.
Arizona
Living Will
Health Care Power of Attorney
Both documents must be signed by at least one witness or notarized.
If you choose to have the document witnessed, you may choose to have one or two witnesses. If you choose to have one witness, your witness may not be:
- any person involved in providing your health care
- related to you by blood, marriage, or adoption, or
- legally entitled to any part of your estate.
If you have two witnesses, your witnesses do not need to meet the last two requirements on the list above.
If you choose to have your document notarized, the notary may not be:
- your health care agent, or
- any person involved in providing your health care.
Arkansas
Living Will
Must be signed by two witnesses or notarized. If you choose to have your document witnessed, your witnesses must be at least 18 years old and may not be your health care agent. In addition, one of your witnesses may not be related to you by blood, marriage, or adoption, or legally entitled to any part of your estate.
Durable Power of Attorney for Health Care
If you grant your agent power to direct your burial or cremation, your document must be signed by two witnesses. If you do not grant this power, you may choose to have the document signed by two witnesses or notarized. If you choose to have your document witnessed, your witnesses must be at least 18 years old and may not be your health care agent. In addition, one of your witnesses may not be related to you by blood, marriage, or adoption, or legally entitled to any part of your estate.
California
Advance Directive for Health Care
Must be either signed by two witnesses or notarized.
If you choose to have the document witnessed, neither of your witnesses may be:
- your health care agent
- your health care provider
- an employee of your health care provider
- the operator of a community care facility
- an employee of a community care facility
- the operator of a residential care facility for the elderly, or
- an employee of a residential care facility for the elderly.
In addition, one of your witnesses must not be related to you by blood, marriage, or adoption—and must not be legally entitled to any part of your estate.
Finally, if you are in a skilled nursing facility, the document must also be witnessed by a patient advocate or an ombudsman. (This requirement applies whether the document is witnessed or notarized.)
Colorado
Declaration as to Medical Treatment
Must be signed by two witnesses or notarized.
If you choose to have the document witnessed, neither of your witnesses may be:
- a physician
- an employee of your attending physician
- an employee of a health care facility where you are a patient
- a person with a claim against your estate, or
- a person legally entitled to any part of your estate.
Medical Durable Power of Attorney
Colorado law does not require that your medical durable power of attorney be witnessed or notarized. However, witnesses or notary is recommended to avoid concerns that the document was forged, that you were forced to sign it, or that it does not represent your wishes. If you choose to have your documents witnessed, your witnesses should be at least 18 years old and your health care agent should not act as a witness.
Connecticut
Health Care Instructions and Appointment of Health Care Representative (and any health care document produced by WillMaker, including those with additional or different titles)
Must be signed by two witnesses. Witnesses should be at least 18 years old and should not be the person named as your health care representative, if you named one. You and your witnesses may also sign in front of a notary public, but you are not required to do so.
Delaware
Advance Health Care Directive
The document must be signed by one witness. Your witness may not be:
- your agent
- your agent’s spouse, domestic partner, or someone who lives with your agent
- an owner, operator, employee, or contractor of a nursing home or long-term facility in which you are a resident.
District of Columbia
Declaration
Must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18
- related to you by blood, marriage, or domestic partnership
- your attending physician
- an employee of your attending physician
- an employee of a health care facility where you are a patient
- the person who signed your declaration for you, if you were unable to sign it yourself
- a person legally entitled to any part of your estate, or
- a person directly financially responsible for your medical care.
If you are a patient in a skilled care facility, one witness must be a patient advocate or an ombudsman.
Durable Power of Attorney for Health Care
Must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18
- your health care attorney-in-fact
- your health care provider, or
- an employee of your health care provider.
In addition, one of your witnesses must not be related to you by blood, marriage, or adoption and must not be legally entitled to any part of your estate.
Florida
Living Will
Must be signed by two witnesses, one of whom must not be your spouse or related to you by blood.
Designation of Health Care Surrogate
Must be signed by two witnesses, both of whom must be at least 18 years old. Neither witness may be your health care surrogate. In addition, one of your witnesses must not be your spouse or a blood relative.
Georgia
Advance Directive for Health Care
Must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18
- your health care agent
- a person who is directly involved in your health care, or
- a person who will knowingly inherit anything from you or knowingly gain a financial benefit from your death.
In addition, only one of your witnesses may be an employee, agent, or medical staff member of the hospital, skilled nursing facility, hospice, or other health care facility in which you are receiving health care. (This witness is still prohibited from being directly involved in your health care.)
Hawaii
Advance Health Care Directive
If you grant power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:
- your health care agent
- a health care provider, or
- an employee of a health care provider facility.
In addition, at least one of your witnesses must not be related to you by blood, marriage, or adoption—and must not be legally entitled to any part of your estate.
Idaho
Advance Care Planning Document
Idaho law does not require that your documents be witnessed or notarized. However, having your document witnessed or notarized will help avoid concerns that the document was forged, that you were forced to sign it, or that it does not represent your wishes. If you choose to have your documents witnessed, your witnesses should be at least 18 years old and your health care agent should not act as a witness.
Illinois
Declaration
Must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18
- the person who signed your declaration for you, if you were unable to sign it yourself
- a person legally entitled to any part of your estate, or
- a person directly financially responsible for your medical care.
Durable Power of Attorney for Health Care
Must be signed by one witness. Your witness may not be:
- under the age of 18
- your attending physician, advanced practice registered nurse,
physician assistant, dentist, podiatric physician, optometrist, or psychologist
- a relative of any of the health care professionals listed just above
- an owner, an operator, or a relative of an owner or operator of a health care facility in which you are a patient or resident (this includes directors or executive officers of an operator that is a corporate entity, but not other employees of the operator, such as non-owner chaplains, social workers, or nurses)
- a parent, sibling, or descendant, or the spouse of a parent, sibling, or descendant, of either you or your agent or alternate agent, regardless of whether the relationship is by blood, marriage, or adoption, or
- your agent or alternate agent for health care.
Indiana
Advance Directive
Must be signed by two adult witnesses or notarized. If witnessed, at least one of the witnesses must not be your spouse or other relative.
Iowa
Declaration
Durable Power of Attorney for Health Care
Both documents must follow the same requirements: Must be signed by two witnesses or notarized.
If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 18
- your health care agent
- your health care provider, or
- an employee of your health care provider.
In addition, one of your witnesses must not be related to you by blood, marriage, or adoption within the third degree of consanguinity (parents, children, siblings, grandchildren, grandparents, uncles, aunts, nephews, nieces, and great-grandchildren).
Kansas
Declaration
Must be signed by two witnesses or notarized. Neither of your witnesses may be:
- under the age of 18
- the person who signed your declaration for you, if you were unable to sign it yourself
- related to you by blood or marriage
- legally entitled to any part of your estate, or
- directly financially responsible for your health care. Durable Power of Attorney for Health Care Decisions Must be signed by two witnesses or notarized.
If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 18
- your agent for health care decisions
- related to you by blood, marriage, or adoption
- legally entitled to any part of your estate, or
- directly financially responsible for your health care.
Kentucky
Advance Directive
Must be signed by two witnesses or notarized. Neither of your witnesses nor the notary may be:
- related to you by blood
- your beneficiary by operation of Kentucky law
- your attending physician
- an employee of a health care facility where you are a patient, unless the employee serves as a notary public, or
- directly financially responsible for your health care.
Maine
Advance Health Care Directive
The document must be signed by two witnesses. Although the law does not restrict who can serve as a witness, your witnesses should be at least 18 years old and your health care agent should not act as a witness.
Maryland
Advance Directive
The document must be signed by two witnesses. The person you name as your health care agent cannot serve as a witness. In addition, at least one of your witnesses must be a person who is not legally entitled to any portion of your estate and who is not entitled to any financial benefit by reason of your death.
Massachusetts
Document Directing Health Care Health Care Proxy
Both documents must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18, or
- your health care agent.
Michigan
Document Directing Health Care
Must be signed by two witnesses. Although the law does not restrict who can serve as a witness, your witnesses should be at least 18 years old and your patient advocate should not act as a witness.
Patient Advocate Designation
Must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18
- your spouse, parent, child, grandchild, or sibling
- your patient advocate
- your physician
- an employee of your life or health insurance provider
- an employee of a health care facility where you are a patient
- an employee of a home for the aged where you live, or
- legally entitled to any portion of your estate.
Minnesota
Health Care Directive
Must be signed by two witnesses or notarized. Neither your witnesses nor the notary may be your health care agent.
If you choose to have the document witnessed, at least one of the witnesses may not be a health care provider or an employee of a provider directly attending to you.
If you choose to have the document notarized, the notary may not be your health care agent.
Mississippi
Advance Health Care Directive
Must be signed by two witnesses or notarized.
If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 18
- your health care agent
- a health care provider, or
- an employee of a health care provider or facility.
In addition, one witness must not be related to you by blood, marriage, or adoption and must not be legally entitled to any part of your estate.
Missouri
Declaration
Must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18, or
- the person who signed your declaration for you, if you were unable to sign it yourself.
Durable Power of Attorney for Health Care
If you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses and notarized. If you do not grant this power, only the notary is necessary.
Montana
Declaration
Durable Power of Attorney for Health Care
Both documents must be signed by two witnesses. Although the law does not restrict who can serve as a witness, your witnesses should be at least 18 years old and your health care agent should not act as a witness.
Nebraska
Declaration
Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 19 (unless married), or
- an employee of your life or health insurance provider.
In addition, one witness must not be a director or an employee of your treating health care provider.
Durable Power of Attorney for Health Care
If you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant your agent the power to direct your burial or cremation, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:
- under age 18
- your attorney-in-fact for health care decisions
- your attending physician
- a member of your mental health treatment team
- your spouse, parent, child, grandchild, or sibling
- your presumptive heir or known devisee
- your romantic or dating partner
- an employee of your life or health insurance provider, or
- an administrator or employee of your health care provider
Nevada
Declaration
Must be signed by two witnesses. Although the law does not restrict who can serve as a witness, your witnesses should be at least 18 years old and your attorney-in-fact for health care decisions should not act as a witness.
Durable Power of Attorney for Health Care Decisions
If you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 18
- your agent or alternate agent, or
- the owner, operator or employee of a nursing home in which you reside.
New Hampshire
Advance Directive
Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 18
- your health care agent
- your attending practitioner or a person acting under the direction or control of the attending practitioner
- your spouse, or
- legally entitled to any part of your estate.
In addition, no more than one witness may be a health or residential care provider or such provider’s employee.
New Jersey
Combined Advance Directive for Health Care Instruction Directive
Proxy Directive
Any document must be signed by two witnesses or notarized.
If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 18, or
- your health care representative.
New Mexico
Advance Health Care Directive
The law does not require that your advance directive be witnessed. However, witnesses are recommended to avoid concerns that the document might be forged, that you were forced to sign it, or that it does not genuinely represent your wishes. If you choose to have your document witnessed, your witnesses should be at least 18 years old.
New York
Health Care Proxy
Must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18
- your health care agent, or
- the person who signed the declaration for you, if you were unable to sign it for yourself.
If you reside in a mental health facility, your witnesses must meet additional requirements. Ask your mental health care provider for more information.
North Carolina
Advance Directive
Must be signed by two witnesses and notarized. Neither of your witnesses may be:
- related to you by blood or marriage
- your attending physician or mental health treatment provider
- a licensed health care provider who is (1) an employee of your attending physician or mental health treatment provider, (2) an employee of the health facility in which you are a patient, or (3) an employee of a nursing home or any adult care home where you reside
- a person legally entitled to any part of your estate, or
- a person with a claim against you or your estate.
Health Care Power of Attorney
Must be signed by two witnesses and notarized. Neither of your witnesses may be:
- under the age of 18
- related to you by blood or marriage
- your attending physician or mental health treatment provider
- a licensed health care provider who is (1) an employee of your attending physician or mental health treatment provider, (2) an employee of the health facility in which you are a patient, or (3) an employee of a nursing home or any adult care home where you reside
- a person legally entitled to any part of your estate, or
- a person with a claim against you or your estate.
North Dakota
Health Care Directive
Must be signed by two witnesses or notarized. Neither the witnesses nor the notary may be:
- under the age of 18
- your spouse or another person related to you by blood, marriage, or adoption
- your health care agent
- a person legally entitled to any part of your estate, or
- a person with a claim against your estate.
In addition, at least one witness must not be a health care or long- term care provider providing you with direct care or an employee of the health care or long-term care provider providing you with direct care. (This restriction does not apply to the notary.)
Ohio
Declaration
Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 18
- related to you by blood, marriage, or adoption
- your attending physician
- an administrator of a nursing home where you receive care, or
- the person who signed your declaration, if you were unable to sign it yourself.
Durable Power of Attorney for Health Care
Must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 18
- related to you by blood, marriage, or adoption
- your attorney-in-fact
- your attending physician, or
- an administrator of a nursing home where you receive care.
Oklahoma
Advance Directive for Health Care
If you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses and notarized. If you do not grant this power, your document must be signed by two witnesses or notarized. If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 18
- related to you by blood, marriage, or adoption, or
- a person who might inherit from you.
Oregon
Advance Directive
You may choose to have your document signed by two witnesses or notarized. If you choose to have your document witnessed, neither of your witnesses may be:
- your health care representative, or
- your primary health care provider.
If you are a resident in a long-term health care facility, one of the witnesses must be a person “designated” by the facility. Ask an ombudsman at your facility to help you comply with this rule.
If you grant your health care representative power to direct your burial or cremation, in addition to the restrictions above, your witnesses may not be:
- an owner, operator, or relative of an owner or operator of a health care facility in which you reside, or
- a person related to you by blood, marriage, or adoption.
Prior to January 1, 2024, advance directives that give power over burial and cremation must be notarized (not witnessed).
Pennsylvania
Living Will
Durable Health Care Power of Attorney
Both documents must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18, or
- the person who signed your declaration for you, if you were unable to sign it yourself.
Rhode Island
Declaration
Must be signed by two witnesses. Your witnesses may not be related to you by blood or marriage.
Durable Power of Attorney for Health Care
If you grant your agent power to direct your burial or cremation, your document must be notarized. If you do not grant this power, you may choose to have your document signed by two witnesses or notarized.
If your document will be notarized, the notary may not be:
- related to you by blood, marriage, or adoption, or
- legally entitled to any part of your estate.
If you choose to have the document witnessed, neither of your witnesses may be:
- under the age of 18
- your health care agent
- a health care provider
- an employee of a health care provider
- the operator of a community care facility, or
- an employee of an operator of a community care facility.
In addition, one of your witnesses must not be related to you by blood, marriage, or adoption and must not be legally entitled to any part of your estate.
South Carolina
Declaration
Must be signed by two witnesses and notarized. Neither of your witnesses may be:
- related to you by blood, marriage, or adoption
- your attending physician
- an employee of your attending physician
- a person directly financially responsible for your medical care
- a person legally entitled to any part of your estate
- a beneficiary of your life insurance policy, or
- a person who has a claim against your estate.
No more than one of your witnesses may be an employee of a health care facility where you are a patient. If you are in a hospital or nursing care facility when you sign your declaration, at least one of your witnesses must be an ombudsman designated by the state.
Health Care Power of Attorney
Must be signed by two witnesses and notarized. Neither of your witnesses may be:
- your health care agent
- your attending physician
- an employee of your attending physician
- related to you by blood, marriage, or adoption
- directly financially responsible for your medical care
- the beneficiary of an insurance policy on your life
- a person with a claim against your estate at the time you sign your document, or
- a person legally entitled to any portion of your estate.
In addition, only one witness may be an employee of a health facility in which you are a patient.
South Dakota
Living Will Declaration
Must be notarized or signed by two witnesses who are at least 18 years old.
Durable Power of Attorney for Health Care
Must be notarized or signed by two witnesses who are at least 18 years old. If you grant your agent power to direct your burial or cremation, your document must be notarized.
Tennessee
Advance Health Care Directive
Must be signed by two witnesses or a notary. If you choose to have your document witnessed, both witnesses must be competent adults and neither may be your health care agent. In addition, at least one of your witnesses must not be related to you by blood, marriage, or adoption—and must not be legally entitled to any part of your estate.
Texas
Directive to Physicians and Family or Surrogates
Must be signed by two witnesses or a notary. If you choose to have your document witnessed, your witnesses must be at least 18 years old. In addition, at least one of your witnesses may not be:
- your health care agent
- related to you by blood or marriage
- your attending physician
- an employee of your attending physician
- an employee of a health care facility in which you are a patient if the employee is providing direct care to you or is an officer, a director, a partner, or a business office employee of the health care facility or of any parent organization of the health care facility, or
- a person who is entitled to or has a claim against any part of your estate.
Medical Power of Attorney
If you grant your agent power to direct your burial or cremation, your document must be signed by two witnesses and notarized. Your witnesses must be at least 18 years old. In addition, at least one of your witnesses may not be:
- your health care agent
- related to you by blood or marriage
- your attending physician
- an employee of your attending physician
- an employee of a health care facility in which you are a patient if the employee is providing direct care to you or is an officer, a director, a partner, or a business office employee of the health care facility or of any parent organization of the health care facility, or
- a person who is legally entitled to or has a claim against any part of your estate.
If you do not grant your agent power to direct your burial or cremation, you may choose to have your document signed by two witnesses (subject to the requirements, above) or notarized.
Utah
Advance Health Care Directive
Must be signed by one witness. Your witness may not be:
- under the age of 18
- your health care agent
- related to you by blood or marriage
- a health care provider who is providing care to you
- an administrator at a health care facility where you are receiving care
- a person directly financially responsible for your medical care
- a beneficiary of a life insurance policy, trust, qualified plan, pay-on- death account, or transfer on death deed that is held, owned, made, or established by you or on your behalf
- entitled to benefit financially upon your death
- entitled to a right to, or an interest in, any of your real or personal property upon your death, or
- the person who signed your document for you, if you were unable to sign it yourself.
If you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses.
Vermont
Advance Directive
Must be signed by two witnesses. Neither witness may be:
- under the age of 18
- your health care agent, or
- your spouse, parent, adult sibling, adult child, or adult grandchild. In addition, if you are being admitted to or are a resident of a hospital, nursing home, or residential care facility, a designated person must sign the document after explaining it to you. Ask a patient representative for help with this requirement.
Virginia
Advance Medical Directive
If you grant your agent power to direct your burial or cremation, your document must be signed in front of two witnesses and notarized—and your health care agent must sign the part of the document that grants the power.
If you do not grant your agent power to direct your burial or cremation, only the witnesses are necessary.
Your witnesses must be over the age of 18. In addition, your health care agent should not act as a witness.
Washington
Health Care Directive
Must be signed by two witnesses or notarized. If you choose to have your document witnessed, neither of your witnesses may be:
- under the age of 18
- related to you by blood or marriage
- your attending physician
- an employee of your attending physician
- an employee of a health care facility where you are a patient
- a person legally entitled to any part of your estate, or
- a person with a claim against your estate.
Durable Power of Attorney for Health Care
Must be signed by two witnesses or notarized. If you choose to have your document witnessed, neither of your witnesses may be:
- under the age of 18
- related to you by blood, marriage, or state-registered domestic partnership, or
- a care provider for you at your home, at an adult family home, or at a long-term care facility if you live there.
West Virginia
Living Will
Medical Power of Attorney
Both documents must meet the same requirements:
Must be signed by two witnesses and notarized. Neither of your witnesses may be:
- under the age of 18
- your health care representative or successor representative
- the person who signed your document, if you were unable to sign it yourself
- related to you by blood or marriage
- your attending physician
- a person directly financially responsible for your medical care, or
- a person legally entitled to any part of your estate.
Wisconsin
Declaration to Health Care Professionals
Must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18
- related to you by blood, marriage, or adoption
- your domestic partner
- your health care provider
- an employee of your health care provider, other than a chaplain or a social worker
- an employee of an inpatient health care facility where you are a patient, other than a chaplain or a social worker
- a person directly financially responsible for your medical care
- a person who has a claim against your estate, or
- a person legally entitled to any part of your estate.
Power of Attorney for Health Care
Must be signed by two witnesses. Neither of your witnesses may be:
- under the age of 18
- your health care agent
- related to you by blood, marriage, or adoption
- your domestic partner
- your health care provider
- an employee of your health care provider, other than a chaplain or a social worker
- an employee of an inpatient health care facility where you are a patient, other than a chaplain or a social worker
- a person directly financially responsible for your medical care, or
- a person with a claim against your estate.
Wyoming
Advance Health Care Directive
Must be signed by two witnesses or notarized. If you choose to have the document witnessed, both witnesses must be competent adults who know you personally. In addition, neither of your witnesses may be:
- your health care agent
- a treating health care provider
- an employee of a treating health care provider
- the operator of a community care facility
- an employee of an operator of a community care facility
- the operator of a residential care facility, or
- an employee of an operator of a residential care facility.
More Information About Advance Health Care Planning
Finishing your advance directive is a thoughtful way to help your loved ones. It makes sure they know your wishes and don’t have to make difficult medical decisions without guidance. By following your state’s rules for signing, witnessing, and notarizing, you can feel confident your health care choices will be respected when you need them.
For more information, see the following articles:
- What Is an Advance Directive?
- Storing, Sharing, or Revoking Your Medical Power of Attorney
- Power of Attorney for Health Care: What Powers Can You Grant?
- Advance Care Planning for Different Medical Conditions
- Expressing Organ Donation Wishes in Your Health Care Directive
You can learn more about making health care directives valid in your state in WillMaker’s Legal Manual.
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