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http://public.findlaw.com
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| Thursday, May. 15, 2008 |
| State | Overview | Citation |
| Alabama | Advance directive for health care requires two witnesses. Not valid if pregnant. | |
Alaska |
Living will requires no witnesses. Two witnesses are required for a “health care proxy,” but this allows only general medical decisions to be made | |
Arizona |
One witness and a notary are required for a living will, as well as for a health care power of attorney. | |
Arkansas |
Both living wills and health care proxies require two witnesses. Not valid if pregnant | |
California |
Advance Healthcare Directive requires two witnesses, but is not valid if pregnant. A durable power of attorney for health care requires two witnesses OR a notary. | |
Colorado |
Declaration requires two witnesses, but is not valid if pregnant. Medical durable power of attorney for health care does NOT require any witnesses or notary. | |
Connecticut |
Health care instructions (are inclusive of both living will and health care proxy) requires two witnesses whose signatures should be notarized. Not valid if pregnant. Appointment of an “attorney-in-fact” for health care decisions must be notarized. | |
Delaware |
Advance directive (includes provisions for both living will and health care proxy) requires two witnesses. |
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District of Columbia |
Two witnesses required for a living will. Power of attorney for health care requires two witnesses. |
|
Florida |
Two witnesses are required for both a living will and the designation of a health care proxy. | |
Georgia |
Both living wills and powers of attorney require two witnesses. Living will is not valid if pregnant. |
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Hawaii |
Two witnesses and a notary are required for a living will, but it is not valid if pregnant. Two witnesses and a notary are required for a durable power of attorney for health care decisions. | |
Idaho |
Two witnesses are required for a living will. Not valid if pregnant. Two witnesses or a notary public are required for a durable power of attorney for health care. | |
Illinois |
Two witnesses required for a living will. Not valid if pregnant. One witness is required for power of attorney for health care. | |
Indiana |
Specifies A or B Declaration where B says you want all life-prolonging procedures taken. Both require two witnesses. Not valid if pregnant. Power of attorney for health care decisions and appointment of health care representative requires a notary. |
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Iowa |
Two witnesses OR a notary are required for a living will. Not valid if pregnant. Power of attorney for health care requires two witnesses or notary. | |
Kansas |
Two witnesses or a notary are required for a living will. | |
Kentucky |
Advance directive, section two (2) requires two witnesses or notary. Not valid if pregnant. Section one (1) requires two witnesses. | |
Louisiana |
Both living will and health care proxy require two witnesses. |
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Maine |
Advance directive section one and section two require two witnesses. |
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Maryland |
Advance medical directive health care instructions require two witnesses. Appointment of health care agents also require two witnesses. |
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Massachusetts |
No provision for a living will. Two witnesses are required for a health care proxy. |
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Michigan |
No provision for a living will. Two witnesses are required for designation of patient advocate for health care. |
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Minnesota |
A notary or two witnesses are required for a health care living will. Not valid if pregnant. Two witnesses or a notary are required for durable power of attorney for health care. |
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Mississippi |
Advance health care directive (living will and health care proxy included on same form) requires a notary or two witnesses. |
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Missouri |
Two witnesses required for a living will, but is not valid if pregnant. Durable power of attorney for health care requires a notary or two witnesses. |
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Montana |
Two witnesses required for a living will. |
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Nebraska |
Two witnesses and a notary required for a living will. |
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Nevada |
Two witnesses required for a living will. Durable power of attorney for health care decisions requires a notary OR two witnesses. |
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New Hampshire |
Living will requires a notary OR a justice of the peace AND two witnesses. Durable power of attorney for health care requires a notary public OR justice of the peace OR two witnesses. |
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New Jersey |
Either instruction directive, or appointment of a health care representative requires two witnesses or a notary public or to be signed in front of a lawyer. |
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New Mexico |
Instructions for health care and designation of power of attorney for healthcare are permissible. Neither requires a witness. (§24-7A-2) |
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New York |
Two witnesses required for a living will. Health care proxy requires two witnesses. |
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North Carolina |
Two witnesses required for a living will. Not valid if pregnant. Durable power of attorney for health care requires two witnesses. |
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North Dakota |
Two witnesses required for a living will. Not valid if pregnant. Durable power of attorney for health care requires two witnesses. |
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Ohio |
Two witnesses or a notary are required for a living will, but it is not valid if pregnant unless pregnancy won't develop to a live birth. Durable power of attorney for health care requires a notary or two witnesses. |
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Oklahoma |
Two witnesses required for a living will, but it is not valid if pregnant. Appointment of health care proxy requires two witnesses. |
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Oregon |
Health care instruction requires two witnesses. Health care representative appointment requires two witnesses. |
|
Pennsylvania |
Two witnesses are required for a living will needs, but it is not valid if pregnant. Appointment of a surrogate decision maker is part of the declaration. |
Pennsylvania Code website (selected statutes) |
Rhode Island |
Two witnesses required for a living will, but it is not valid if pregnant and if the fetus could develop for a live birth. Durable power of attorney for health care requires two witnesses. |
|
South Carolina |
Declaration of desire for a natural death requires two witnesses and a notary. Health care power of attorney requires two witnesses. |
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South Dakota |
Two witnesses are required for a living will. Not valid if pregnant. Durable power of attorney for health care needs two witnesses or a notary. |
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Tennessee |
Two witnesses are required for a living will. Durable power of attorney for health care requires two witnesses. A notary is optional. |
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Texas |
Directive to physicians requires two witnesses, but is not valid if pregnant. Durable power of attorney for health care requires two witnesses. |
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Utah |
Utah directive to physicians and providers of medical services requires two witnesses. Not valid if pregnant. Utah special power of attorney requires notary. |
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Vermont |
Both terminal care document and durable power attorney for health care require two witnesses. |
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Virginia |
Advance medical directive requires two witnesses. |
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Washington |
Health care directive requires two witnesses, but is not valid if pregnant. Durable power of attorney for health care does not require, but does recommend witnesses. |
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West Virginia |
Two witnesses and a notary are required for a living will. Medical power of attorney for health care also requires two witnesses and a notary. |
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Wisconsin |
Declaration to physicians requires two witnesses, but is not valid if pregnant. Power of attorney for health care requires two witnesses. |
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Wyoming |
Two witnesses are required for a living will, but is not valid if pregnant. Durable power of attorney for health care requires two witnesses and a notary. |