Living Wills: State Laws
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| Alabama | Advance directive for health care requires two witnesses. Not valid if pregnant. | |
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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 | |
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Arizona |
One witness and a notary are required for a living will, as well as for a health care power of attorney. | |
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Arkansas |
Both living wills and health care proxies require two witnesses. Not valid if pregnant |
§§20-17-202 to 20-17-218 |
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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. | |
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Colorado |
Health care declaration (living will) requires two witnesses, but is not valid if pregnant. Medical durable power of attorney for health care does NOT require any witnesses or notary. | |
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Connecticut |
Advance directive (inclusive of a living will, or an appointment of health care representative, or both) requires two witnesses. Not valid if pregnant. | |
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Delaware |
Advance health-care directive (includes an individual instruction or a power of attorney for health care, or both) requires two witnesses. |
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District of Columbia |
Health care declaration (living will) requires two witnesses. |
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Florida |
Two witnesses are required for both a health care advance directives (living will) and the designation of a health care surrogate. | |
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Georgia |
Advance directive for health care (living will) require two witnesses. Not valid if pregnant. |
§§31-32-1 to 31-32-12 |
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Hawaii |
Advance health-care directive, or a power of attorney for health care, require two witnesses OR a notary. Not valid if pregnant. | |
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Idaho |
No witnesses required for a "Living Will and Durable Power of Attorney for Health Care." Not valid if pregnant. Optional submission to state registry. | |
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Illinois |
Health care declaration (living will) requires two witnesses. Not valid if pregnant. One witness is required for power of attorney for health care. | |
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Indiana |
Both a living will declaration and a life prolonging procedures will declaration require two witnesses. Not valid if pregnant. Appointment of health care representative requires one witness. |
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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. | |
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Kansas |
Two witnesses or a notary are required for a living will. | |
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Kentucky |
Advance directive, section two (2) requires two witnesses or notary. Not valid if pregnant. Section one (1) requires two witnesses. | |
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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. |
§§5-601 to 5-618 |
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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 |
Advance directive requires a notary OR two witnesses. Durable power of attorney for health care requires a notary 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. |
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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. |
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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. |
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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 |
Advance health care directive requires one witness. Not valid if pregnant. |
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Vermont |
Advance medical directive requires 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 OR a notary are required for a living will, but is not valid if pregnant. Durable power of attorney for health care requires two witnesses OR a notary. |