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State Laws: Living Wills
| 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. | |
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. | |
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. | |
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. | |
Maine | Advance directive section one and section two require two witnesses. | |
Maryland | Advance medical directive health care instructions require two witnesses. Appointment of health care agents also require two witnesses. | |
Massachusetts | No provision for a living will. Two witnesses are required for a health care proxy. | |
Michigan | No provision for a living will. Two witnesses are required for designation of patient advocate for health care. | |
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. | |
Mississippi | Advance health care directive (living will and health care proxy included on same form) requires a notary or two witnesses. | |
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. | |
Montana | Two witnesses required for a living will. | |
Nebraska | Two witnesses and a notary required for a living will. | |
Nevada | Two witnesses required for a living will. Durable power of attorney for health care decisions requires a notary OR two witnesses. | |
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. | |
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. | |
New Mexico | Instructions for health care and designation of power of attorney for healthcare are permissible. Neither requires a witness. (§24-7A-2) | |
New York | Two witnesses required for a living will. Health care proxy requires two witnesses. | |
North Carolina | Two witnesses required for a living will. Not valid if pregnant. Durable power of attorney for health care requires two witnesses. | |
North Dakota | Two witnesses required for a living will. Not valid if pregnant. Durable power of attorney for health care requires two witnesses. | |
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. | |
Oklahoma | Two witnesses required for a living will, but it is not valid if pregnant. Appointment of health care proxy requires two witnesses. | |
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. | |
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. | |
Tennessee | Two witnesses are required for a living will. Durable power of attorney for health care requires two witnesses. A notary is optional. | |
Texas | Directive to physicians requires two witnesses, but is not valid if pregnant. Durable power of attorney for health care requires two witnesses. | |
Utah | Utah directive to physicians and providers of medical services requires two witnesses. Not valid if pregnant. Utah special power of attorney requires notary. | |
Vermont | Both terminal care document and durable power attorney for health care require two witnesses. | |
Virginia | Advance medical directive requires two witnesses. | |
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. | |
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. | |
Wisconsin | Declaration to physicians requires two witnesses, but is not valid if pregnant. Power of attorney for health care requires two witnesses. | |
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. |
FAQs
- What should my advance directive say?
- Whom should I select as my agent or proxy for health decisions?
- Is it legal to commit suicide?
- Is there a constitutional right to physician-assisted suicide?
- What happens if I do not have an advance directive?
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