FINALIZATION
Making Your Advance Health Care Directive Official
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.
One Final Step: Distribution
Your advance directive needs to be readily accessible. You must make and distribute copies. Below is where to put them; one or more may not apply to you. However, those in bold are a must: .
- Your proxy (agent). Be sure to discuss it in detail with her/him.
- Your partner (if not your proxy). Again, discuss it.
- Your primary care physician. Discuss it.
- Other family members. Be sure to tell them who is your proxy.
- Other doctors who are treating you for major illnesses such as cancer.
- Your local hospital.
Place copies in or with:
- Your other important documents (the original should be kept here).
- Your house – some logical place easy for others to find.
- Your car.
- On a thumb drive or other electronic media that you carry with you.
- Your cell phone.
- The Mind Your Loved Ones app allows you to keep your and your family members’ advance directives and other important medical documents on your phone; users can send this information directly to health care providers (e.g. their doctors, hospitals, insurance companies, etc.), to their family members or trusted friends by email, fax, text, or print.
- For Apple devices only, MyDirectives.com has a free app that allows your directive to be accessed by others even if your iPhone is locked.
- On a thumb drive or other electronic media that you carry with you.