When you arrive at this section of the program, know that you have finished with the hard parts of making your health care directives. You have overcome the lure of procrastination to assert your right to keep control over your own health care.
However, you still must comply with a few technical requirements before your documents will be legally valid and binding. Very detailed, state specific instructions will print out with your documents. But here's a brief overview of what you must do.
Signing Your Documents
Every state requires that you sign your documents—or direct another person to sign them for you.
But do not sign them immediately. You must sign your documents in the presence of witnesses or a notary public—sometimes both, depending on state law. That way, there is at least one other person who can attest that you were of sound mind and of legal age when you made the documents.
Your Agent's Signature
In just a few states, including Alabama, Michigan, North Dakota and Oregon, your health care agent must sign your health care document before acting on your behalf. Sometimes your alternate health care agent must sign, too.
If you live in a state that requires your agent to sign your health care document, the document will include a section for the signature, and the instructions that accompany your document will remind you to talk with your agent and get the signatures you need.
Signing for Someone Else
If you are helping someone else prepare health care documents and that person is too ill or weak to sign them, you or another person may sign the documents at the direction of the person who cannot sign. In most states, the document will print with a special place for you to add the signer's name and signature.
The person making the document and the signer should appear together in front of the witnesses and/or notary public (see below), so that someone can observe the signing and confirm, if it is ever necessary, that it is what the document maker wanted and directed.
Having Your Documents Witnessed and Notarized
In most states, witnesses must sign your documents. In some states, you may have your documents notarized instead of witnessed. In others, you will be required to have both witnesses and a notary sign your document. Each state's rule is listed below. Note that a few states have different requirements for the document directing your health care and the document naming your agent.
Learn Your State's Witnessing and Notarizing Requirements.
Witnessing
Many states require that two witnesses see you sign your health care documents and that they verify in writing that you appeared to be of sound mind and signed the documents without anyone else influencing your decision.
Each state also has rules about who may serve as your witnesses. In many states, for example, a spouse, another close relative or any person who would inherit property from you is not allowed to act as a witness for the document directing health care. And many states prohibit your attending physician from being a witness. The goal of these laws is to be sure your witnesses do not have a personal or professional interest in your health care and, therefore, a conflict of interest.
If your state has restrictions on who may serve as witnesses to your health care documents, those restrictions are listed above and will also be noted on your documents, just before the witness signature lines.
Notarization
A notary public is an individual who is authorized by the state to verify signatures on documents. It shouldn't be difficult to find a notary. A quick online search should uncover local options, and many hospitals also have a notary on staff.
Depending on your circumstances, you may take your document to the notary, or the notary may come to you. The notary will watch you sign the document and may then sign the notary language on the form or fill in a separate form and attach it to your document.
Be prepared to show the notary some identification and to pay a small fee for the services. If you are a patient in a hospital, the service may be free of charge.
The table above, as well as the instructions accompanying your documents, will tell you if your state requires that your documents be notarized and if there are any restrictions on who may serve as the notary.
Note for Nevada: In Nevada, there's an extra requirement for residents of hospitals, residential facilities for groups, facilities for skilled nursing and homes for individual resident care. A medical professional must state in writing that the person signing the document is competent. If this applies in your situation, read the signing instructions that print with your document for directions on what to do.
| Glossary of Witnessing Terms When you read the requirements for witnesses in your state, you may find some unfamiliar words. Here are brief definitions of some terms that commonly occur. |
|
| Beneficiary | Any person who is entitled to inherit property from a deceased person. |
| Beneficiary of a will | Any person or organization named in a will to receive property, either as a first choice or if the first choice as beneficiary does not survive the person making the will. |
| Claim against the estate | Any right that a person has to receive property from a person's estate. This may arise under a will or living trust, from a contract or because of a legal liability that the deceased owes to the person. |
| Devisee | Any person who either is entitled to inherit property from a person under state law or who has been named to inherit property in a will or living trust.I |
| Inherit by operation of law | When a person dies owning property that has not been left by a will or by some other legal device such as a living trust, the property will be distributed according to the laws of the state where the person died—that is, by operation of law. These laws—commonly referred to as the "laws of intestate succession"—usually give property first to a spouse and children and then to parents, brothers, and sisters. |
| Presumptive heir | Someone who would inherit property under state law unless a child was later born to the current owner of the property the presumptive heir expects to receive. |
State Witnessing and Notarizing Requirements
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
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 witnesse. Your witnesse 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, 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
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.
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