Advanced Directives

/Advanced Directives
Advanced Directives 2017-10-08T20:21:03+00:00

If you desire to be in charge of your own health care decisions regarding the treatment that you do and don’t want it is important that you create your Advanced Health Care Directive.  This document will afford you the opportunity to identify an individual who will act on your behalf in the event that you are no longer capable. When completed and signed by witnesses it will direct how you wish to receive treatment at the end of your life.  The Advance Health Care Directive is composed of your Appointment of a Health Care Representative, Living will or Health Care Instructions, Anatomical Gift Identification, and The Designation of Conservator if you are incapacitated.

Each state has specific forms that will serve as a legal document, stating how you wish to receive treatment at the end of life, when completed with your Care Consultant.  Since the requirements vary by state we have included an overview for each state based on the Statutes or Code.

 

Contact us to have a Care Consultant assist you with completing your advanced directives.

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State / Citation

Overview

Codes/Statutes

Alabama Advance directive for health care requires two witnesses. Not valid if pregnant. All statutes
§§22-8A-1 to 22-8A-13
Alaska A health care proxy requires two witnesses, but this allows only general medical decisions to be made.  Living will requires no witnesses. All statutes
§§13.52.010-13.52.395
Arizona A living will and a health care power of attorney require one witness or a notary. Arizona also maintains an “Advance Care Directory,” where you can file your documents with the state. All statutes
§§36-3201 to 36-3297
Arkansas Both living wills and health care proxies require two witnesses. Not valid if pregnant All Codes
§§20-17-202 to 20-17-218
California An advance health care directive and a durable power attorney require two witnesses OR a notary, but are not valid if pregnant. All codes
Probate Code §§4700 to 4743
Colorado A medical durable power of attorney for health care does NOT require any witnesses or notary.  A health care declaration (living will) requires two witnesses, but is not valid if pregnant. All statutes
§§15-18-101 to 15-18-113
Connecticut Advance directive (includes a living will, or an appointment of health care representative, or both) requires two witnesses. Not valid if pregnant. All Statutes
§§19a-570 to 19a-580d
Delaware Advance health-care directive (includes an individual instruction or a power of attorney for health care, or both) requires two witnesses. All Codes
Title 16, §§2501 to 2518
District of Columbia Health care declaration (living will) requires two witnesses.  All Codes
§§7-621 to 7-630
Florida A health care advance directive (living will) and the designation of a health care surrogate requires two witnesses. At least one of the witnesses cannot be a spouse or a blood relative. All statutes
§§765.301 to 765.310
Georgia Advance directive for health care (living will) require two witnesses. Not valid if pregnant. All Codes
§§31-32-1 to 31-32-12
Hawaii Advance health-care directive, or a power of attorney for health care, require two witnesses OR a notary. Not valid if pregnant. All statutes
§§327E-1 to 327E-16
Idaho No witnesses required for a “Living Will and Durable Power of Attorney for Health Care.” Not valid if pregnant. Submission of state registary available. All statutes
§§39-4501 to 39-4509
Illinois Health care declaration (living will) requires two witnesses. Not valid if pregnant.  One witness is required for power of attorney for health care. All statutes
Ch. 755 ILCS 45/4-1, et. seq.
Ch. 755, §§35/1 to 35/10, et. seq.
Iowa A living will requires two witnesses or notary. Not valid if pregnant. Power of attorney for health care requires two witnesses or notary. All Codes
§§144A.3 to 144A.12
Kansas Two witnesses or a notary are required for a living will or durable power of attorney. All statutes
§§65-28,101 to 65-28, 109
Kentucky Advance directive, section two (2) requires two witnesses or notary. Not valid if pregnant. All statutes
§§311.621 to 311.644
Louisiana Both living will and health care proxy require two witnesses. May register living will document with End of Life Registry maintained by the Secretary of State. All Codes
Title 40, §§1299.58.1. to 1299.58.10
Maine Advance health care directives require two witnesses. All statutes
Title 18-A, §§5-801 to 5-817
Maryland Advance medical directive health care instructions and appointment of health care agents requires two witnesses. All Codes
§§5-601 to 5-618
Massachusetts Massachusetts law allows people to make their own Health Care Proxies, but does not officially recognize Living Wills. Two witnesses are required for a health care proxy. All statutes
General Laws, Chapter 201D
Michigan There is no state law for a living will.  However it is strongly reccomended to document and entitle “Living Will” ensuring it is dated; signed by you; and signed by two witnesses who are not family members. Two witnesses are required for Designation of Patient Advocate for Health Care. All statutes
Living Wills 
Minnesota A living will requires two witnesses or a notary. Not valid if pregnant. Durable power of attorney for health care requires two witnesses or a notary. All statutes
§§145B.01 to 145B.17  
 
Mississippi Advance health care directive (living will and health care proxy included on same form) requires two witnesses or a notary. All Codes
§§41-41-201 to 41-41-229  
 
Missouri A living will requires two witnesses, but is not valid if pregnant. Durable power of attorney for health care requires a notary or two witnesses. The notary acknowledgment is required by Missouri law if you appoint an agent and complete a Durable Power of Attorney for Health Care. All statutes
§§459.015 to 459.055
 
Montana A living will and advance directive requires two witnesses. You may also store your advance directive in the End-of-Life Registry maintained by the State of Montana. All Codes
§§50-9-101 to 50-9-206
Nebraska A living will or advance directive requires two witnesses or a notary. All statutes
§§20-401 to 20-416
Nevada A living will requires two witnesses. Durable power of attorney for health care decisions requires a notary if you are granting your agent power to direct your burial or cremation, if not then you only need two witnesses. You may also store your advance directive in the Living Will Lockbox maintained by the State of Nevada. All statutes
§§449.535 to 449.690
New Jersey Either instruction directive, or appointment of a health care representative requires two witnesses or a notary public. All statutes
26:2H-53 to 26:2H-91
New York Two witnesses required for a living will and health care proxy. All statutes
Article 29-B,§§2964 to 2978
Article 29C, §§2980 to 2994
North Carolina A living will and health care power of attorney requires Two witnesses and a notary public. Not valid if pregnant. All statutes
§§90-320 to 90-322
Ohio Durable power of attorney for health care requires a notary or two witnesses. A living will requires two witnesses or a notary, but it is not valid if pregnant; unless pregnancy won’t develop to a live birth. All Codes
§§§§2133.01 to 2133.15
Oregon Advance directive requires two witnesses. All statutes
§§127.505 to 127.660, and §§127.995
Rhode Island Durable power of attorney for health care requires two witnesses or a notary.  Two witnesses required for a living will, but it is not valid if pregnant and if the fetus could develop for a live birth. All statutes
§§23-4.11-1 to 23-4.11-15
South Dakota Two witnesses are required for a living will or durable power of attorney for health care. It is not valid if pregnant. All Codes
§§34-12D-1 to 34-12D-22
Texas Durable power of attorney for health care requires two witnesses.  Directive to physicians/living will requires two witnesses or a notary public, but is not valid if pregnant. All statutes
§§166.031 to 166.053
Vermont Advance medical directive requires two witnesses. You may also store a copy of your advance medical directive in an online registry provided to you by the Vermont Department of Health. All statutes
Title 18, Ch. 231, §§§§9700 9720
Washington Durable power of attorney for health care does not require, but does recommend witnesses.  Health care directive requires two witnesses, but is not valid if pregnant. All Codes
§§70.122.010 to 70.122.920
Wisconsin Power of attorney for health care requires two witnesses .  Declaraton to physicians (living will) requires two witnesses, but is not valid if pregnant. All statutes
§§154.01 to 154.29
Wyoming Durable power of attorney for health care and a living will require two witnesses OR a notary.  It is not valid if pregnant All statutes
§§154.01 to 154.29

Legal Disclaimer: The information provided is for planning purposes only and does not represent legal advice or guidance.  This information is based on research.  We suggest that you contact your attorney or legal service online to create your legal documents or ask any questions you may have.