A living will, also known in some states as a health care directive or directive to physicians, is a document that allows you to state your wishes for end-of-life medical care. This is done in case you become unable to communicate your own health care decisions. A durable power of attorney, on the other hand, is another type of medical care directive. It is a document that allows you to name a person to oversee your medical care and make health care decisions for you if you ever become unable to do so.
Every state has different laws and requirements for properly executing an end-of-life or medical care document. Below, you will find a list of the living wills laws for all 50 states and the District of Columbia.
State Overview Citation Alabama Advance directive for health care requires two witnesses at least 19 years old. Not valid if pregnant.§§22-8A-1 to 22-8A-13
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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§§13.52.010-13.52.395
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Arizona
One witness or a notary is required for a living will, as well as for a health care power of attorney. Arizona also maintains an "Advance Care Directory," where you can file your documents with the state.§§36-3201 to 36-3297
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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
An advance health care directive and a durable power attorney require two witnesses OR a notary, but are not valid if pregnant.Probate Code §§4700 to 4743
All codes
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.§§15-18-101 to 15-18-113
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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.§§19a-570 to 19a-580d
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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.
Title 16, §§2501 to 2518
All statutes
District of Columbia
Health care declaration (living will) requires two witnesses.
§§7-621 to 7-630
All statutes
Florida
Two witnesses are required for both a health care advance directive (living will) and the designation of a health care surrogate. At least one of the witnesses cannot be a spouse or a blood relative.§§765.301 to 765.310
All statutes
Georgia
Advance directive for health care (living will) require two witnesses. Not valid if pregnant.
§§31-32-1 to 31-32-12
All statutes
Hawaii
Advance health-care directive, or a power of attorney for health care, require two witnesses OR a notary. Not valid if pregnant.§§327E-1 to 327E-16
All statutes
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.§§39-4501 to 39-4509
All statutes
Illinois
Health care declaration (living will) requires two witnesses. Not valid if pregnant. One witness is required for power of attorney for health care.Ch. 755, §§35/1 to 35/10, 755 ILCS 45/4-1, et. seq.
All statutes
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.
§§16-36-4-1 to 16-36-4-21
All statutes
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.§§144A.3 to 144A.12
All statutes
Kansas
Two witnesses or a notary are required for a living will or durable power of attorney.§§65-28,101 to 65-28, 109
All statutes
Kentucky
Advance directive, section two (2) requires two witnesses or notary. Not valid if pregnant.§§311.621 to 311.644
All statutes
Louisiana
Both living will and health care proxy require two witnesses. May register living will document with End of Life Registry maintained by the Secretary of State.
Title 40, §§1299.58.1. to 1299.58.10
All statutes
Maine
Advance health care directives require two witnesses.
Title 18-A, §§5-801 to 5-817
All statutes
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
Massachusetts law allows people to make their own Health Care Proxies, but does not officially recognize Living Wills. Two witnesses are required for a health care proxy.
General Laws, Chapter 201D
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Michigan
No state law for a living will, no state law, therefore are no formal requirements. Strongly recommended the document be entitled, "Living Will;†be dated; signed by you; and signed by two witnesses who are not family members. Two witnesses are required for Designation of Patient Advocate for Health Care.
Living Wills Laws
All statutes
Minnesota
Two witnesses notary or are required for a living will. Not valid if pregnant. Two witnesses or a notary are required for durable power of attorney for health care.
§§145B.01 to 145B.17
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Mississippi
Advance health care directive (living will and health care proxy included on same form) requires two witnesses or a notary.
§§41-41-201 to 41-41-229
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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. The notary acknowledgment is required by Missouri law if you appoint an agent and complete a Durable Power of Attorney for Health Care.
§§459.015 to 459.055
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Montana
Two witnesses required for a living will/advance directive. You may also store your advance directive in the End-of-Life Registry maintained by the State of Montana.
§§50-9-101 to 50-9-206
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Nebraska
Two witnesses or a notary required for a living will advance directive.
§§20-401 to 20-416
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Nevada
Two witnesses required for a living will. Durable power of attorney for health care decisions requires a notary if you are granting your agent power to direct your burial or cremation, if not then you only need two witnesses. You may also store your advance directive in the Living Will Lockbox maintained by the State of Nevada.
§§449.535 to 449.690
All statutes
New Hampshire
Advance directive and durable power of attorney requires a notary OR two witnesses.
New Jersey
Either instruction directive, or appointment of a health care representative requires two witnesses or a notary public.
26:2H-53 to 26:2H-91
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New Mexico
No witnesses are required for either an advance health care directive or durable power of attorney, but it may be helpful to do so in case your advance health care directive is ever challenged.
§§24-7A-1 to 24-7A-18
All statutes
New York
Two witnesses required for a living will and health care proxy.
Article 29-B,§§2964 to 2978 and §§2980 to 2994
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North Carolina
Two witnesses and a notary public are required for a living will and health care power of attorney. Not valid if pregnant.
§§90-320 to 90-322
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North Dakota
Two witnesses or a notary public required for a living will and a durable power of attorney for health care. Not valid if pregnant.
23-06.5-01 to 23-06.5-14
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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.
§§§§2133.01 to 2133.15
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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.
Title 63, Ch. 60, §§3101.1 to 3102A
Oregon
Advance directive requires two witnesses.
§§127.505 to 127.660, and §§127.995
All statutes
Pennsylvania
Two witnesses are required for a living will needs, but it is not valid if pregnant.
Title 20, Chapter 54, §§5441 to 5447
All 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 or a notary.
§§23-4.11-1 to 23-4.11-15
All statutes
South Carolina
A living will requires two witnesses and a notary. Health care power of attorney requires two witnesses.
South Dakota
Two witnesses are required for a living will or durable power of attorney for health care. Not valid if pregnant.
Tennessee
Two witnesses or a notary are required for an advance directive or appointment of a health care agent.
§§32-11-101 to 32-11-113
All statutes
Texas
Directive to physicians/living will requires two witnesses or a notary public, but is not valid if pregnant. Durable power of attorney for health care requires two witnesses.
§§166.031 to 166.053
All statutes
Utah
Advance health care directive requires one witness and can be oral or written Not valid if pregnant.
§§§§75-2a
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Vermont
Advance medical directive requires two witnesses. You may also store a copy of your advance medical directive in an online registry provided to you by the Vermont Department of Health.
Title 18, Ch. 231, §§§§9700 9720
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Virginia
Advance medical directive requires two witnesses.
§§54.1-2981 to 54.1-2993
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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.
§§70.122.010 to 70.122.920
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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.
§§16-30-1 to 16-30-25
All statutes
Wisconsin
Declaration to physicians (living will) requires two witnesses, but is not valid if pregnant. Power of attorney for health care requires two witnesses.
§§154.01 to 154.29
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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.
§§35-22-201 to 35-22-416
All statutes
You can also visit FindLaw's Living Wills section to learn more.
If you are drafting a living will, advance directive, or other health care directive, you'll want to give yourself the peace of mind of knowing that it's being drafted correctly and in compliance with the laws of your jurisdiction. Contact a local estate planning attorney to learn how they can help ensure that your wishes are clear in times of crisis.
