FINALIZATION

While in all states you are free to express your wishes regardless of what the state form says, you must meet your state’s additional requirements. All states have them, especially as to the formalities of execution. Generally speaking, you must date and sign your directive in front of two witnesses and/or a notary.

In many states the witnesses cannot be certain people, such as your doctor and employees of your health care system or care facility.

In a few states, such as Alabama, Michigan, North Dakota and Oregon, your health care agent must sign the directive agreeing to the appointment. Failure of the agent to do so does not invalidate the directive. But before  s/he can officially act, the agent (proxy or surrogate) needs to sign the original or a copy.  If s/he signs later, a copy of that document should be filed with all the people and places where the original and copies of the original were placed.

Here is a link for all states where you will find restrictions as to who can be an agent.

Here is a link for all states where you can find restrictions as to who can’t be designated an agent in a health care directive.

You can find state-specific advance directives on our resource page.

Here is a link to California’s execution pages. California residents should add these pages (Part 5) to whatever they have written.

It is a good idea to review and resign your directive every year, to prove that you haven’t changed your mind. If it is too much trouble to re-execute it every year, then at least attach a note each year saying you’ve reviewed it and that nothing has changed. Date and sign each note.