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State
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Laws For Living Wills, Durable Power Of Attorney
and Advanced Health Care Directive
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Alabama
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Advance Health Care Directive requires two witnesses. Not valid if pregnant.
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Alaska
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Living will requires no witnesses. Health Care Proxy for general medical decisions requires two witnesses.
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Arizona
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Both a Living Will and Power Of Attorney For Health Care require One witness and a Notary.
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Arkansas
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Both a Living Will and a Health Care Proxy require two witnesses. Not valid if pregnant.
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California
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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
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Declaration requires two witnesses; not valid if pregnant. Durable Power of Attorney for Health Care requires no witnesses.
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Connecticut
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Both a Living Will and Appointment of a Health Care Agent require two witnesses whose signatures should be notarized. Not valid if pregnant. Appointment of an “attorney-in-fact” for health care decisions must be notarized.
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Delaware
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Advance Health Care Directive (includes living will and health care proxy provisions) requires two witnesses.
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District of Columbia
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Both a Living Will and Power Of Attorney For Health Care require Two witnesses.
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Florida
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Both a Living Will and Designation of a Health Care Proxy require Two witnesses.
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Georgia
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Both a Living Will and Power Of Attorney For Health Care require two witnesses. Living will is not valid if pregnant.
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Hawaii
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Advance health-care directive (includes Living Will and Power Of Attorney For Health Care provisions) requires two witnesses and a notary. Living Will is not valid if pregnant.
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Idaho
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Living Will requires two witnesses. Not valid if pregnant. Power of Attorney for Health Care requires two witnesses or a notary public.
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Illinois
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Living Will requires two witnesses. Not valid if pregnant. Power of Attorney for Health Care requires one witness.
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Indiana
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Living Will requires two witnesses. Not valid if pregnant. Power of Attorney for Health Care and appointment of health care representative each require a notary.
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Iowa
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Living Will requires two witnesses OR a notary. Not valid if pregnant. Power of Attorney for Health Care requires two witnesses or a notary.
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Kansas
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Living Will requires two witnesses or a notary.
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Kentucky
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Living Will Directive (containing provisions to appoint a surrogate) requires two witnesses or notary. Not valid if pregnant.
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Louisiana
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Both a Living Will and a Health Care Proxy require two witnesses.
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Maine
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Advance Directive Sections 1 and 2 require two witnesses.
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Maryland
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Both Advance Medical Directive and Appointment of a Health Care Agent require two witnesses.
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Massachusetts
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No provision for a living will. Health Care Proxy requires two witnesses.
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Michigan
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No provision for a living will. Designation of a Patient Advocate requires two witnesses.
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Minnesota
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Both a Living Will and Power of Attorney for Health Care require two witness or a notary. Living Will is Not valid if pregnant.
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Mississippi
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Advance health Care Directive (includes both living will and health care proxy provisions) requires two witnesses or a notary.
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Missouri
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Living Will Declaration requires two witnesses. Not valid if pregnant. Power of Attorney for Health Care requires two witnesses or a notary.
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Montana
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Living Will Declaration requires two witnesses.
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Nebraska
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Living Will requires two witnesses and a notary.
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Nevada
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Living Will Declaration requires two witnesses. Power of Attorney for Health Care requires two witnesses or a notary.
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New Hampshire
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Living will requires two witnesses AND a notary OR a judge. Power of Attorney for Health Care requires a notary public, judge, OR two witnesses.
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New Jersey
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Either instruction directive, or appointment of a health care representative requires two witnesses, a notary public, OR signature in front of a lawyer.
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New Mexico
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Instructions for Health Care and Power of Attorney for Health Care allowed. No witness required. (§24-7A-2)
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New York
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Both a Living Will and Appointment of a Health Care Agent (health Care Proxy) require two witnesses.
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North Carolina
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Both a Living Will (Declaration Of A Desire For A Natural Death) and Power of Attorney For Health Care require two witnesses. Living Will Not valid if pregnant.
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North Dakota
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Health Care Directive (includes provisions for a Living Will and appointment of agent) requires two witnesses. Living Will Not valid if pregnant.
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Ohio
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Both a Living Will and Power of Attorney For Health Care require two witnesses or a notary. Living Will Not valid if pregnant unless pregnancy won't develop to a live birth.
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Oklahoma
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Advance Directive for Health Care (Includes Living Will and Health Care Proxy provisions). Living Will not valid if pregnant.
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Oregon
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Advance Directive for Health Care (Includes Living Will and Power of Attorney provisions) requires two witnesses.
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Pennsylvania
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Advance Directive for Health Care (includes living will and appointment of a Surrogate provisions) requires two witnesses. Not valid if pregnant.
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Rhode Island
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Both a Declaration Re: Life Sustaining Procedures and Power of Attorney For Health Care require two witnesses. Living Will not valid if pregnant if the fetus could develop for a live birth.
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South Carolina
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Declaration of desire for a natural death requires two witnesses and a notary. Power of Attorney for Health Care requires two witnesses. Witnesses should not be the attending physician, employee of the attending physician, an employee of a health facility in which the declarant is a patient, or a person related to the declarant by blood, marriage, or adoption, financially responsible for the declarant's medical care, entitled to a portion of the declarant's estate, or a beneficiary of a life insurance policy.
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South Dakota
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Living Will requires two witnesses. Not valid if pregnant. Power of Attorney for Health Care requires two witnesses or a notary.
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Tennessee
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Both a Living Will and Power of Attorney For Health Care require two witnesses. At least one of the two witnesses must NOT be related by blood, marriage, or adoption and must not be a beneficiary of your estate.
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Texas
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Directive to Physicians requires two witnesses. Not valid if pregnant. Power of Attorney for Health Care requires two witnesses.
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Utah
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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
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Advanced Directive requires two non-relative witnesses. Not valid if in, or about to be admitted to, a nursing home, residential care facility, or hospital unless an ombudsman, member of the clergy, or an attorney sign.
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Virginia
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Advanced Directive requires two witnesses.
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Washington
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Health Care Directive re: life support requires two witnesses. Not valid if pregnant. Power of Attorney for Health Care only recommends two witnesses.
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West Virginia
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Both a Living Will and Power Of Attorney for Health Care require two witnesses and a notary.
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Wisconsin
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Both a Declaration to Physicians and Power of Attorney for Health care require two witnesses. Declaration to Physicians is not valid if pregnant.
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Wyoming
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Living Will requires two witnesses. Not valid if pregnant. Power of Attorney for Health Care requires two witnesses and a notary.
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