Signing the Advance Directive

Signing the Advance Directive

The Advance Directive form provided in this guide is designed as a “universal” document. It brings together the many different legal requirements that exist across individual states into a single form intended to meet the core legal standards in most jurisdictions.

Because laws governing Advance Directives vary from state to state, this form has been drafted conservatively. It incorporates all known state-level requirements regarding who may act as an agent and who may serve as a witness.

Witnessing the Document

To properly execute the Advance Directive, you must sign and date the form in the presence of two witnesses. These witnesses must:

◆ Be physically present when you sign the document

◆ Actually see you sign the form

◆ Meet all eligibility requirements

The list of individuals who are not permitted to act as witnesses is intentionally extensive. This is because it reflects the combined restrictions imposed by different states. While some states allow broader witness eligibility, others are much more restrictive. This form adopts the strictest standards to ensure broad legal acceptance.

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States Requiring Both Witnessing and Notarization

In most states, witnessing alone is sufficient. However, four states require that the Advance Directive be both witnessed and notarized in order to be legally valid:

◆ Missouri

◆ North Carolina

◆ South Carolina

◆ West Virginia

If you live in one of these states, or if you expect your directive to be relied upon there, you should ensure that both requirements are met.

Who May NOT Serve as a Witness

A witness must not meet any of the following criteria. A witness may not be:

◆ A person you have appointed as your health care agent or backup agent

◆ Related to you by blood, marriage, domestic partnership, or adoption, or the spouse of any such person

◆ Your health care provider, including any doctor, nurse, or other professional involved in your care

◆ The owner or operator of a health care, long-term care, residential, or community care facility currently serving you

◆ An employee of your health care provider

◆ Any person who is financially responsible for your health care

◆ An employee of your life insurance provider or health insurance provider

◆ A creditor to whom you owe money

◆ A person entitled to inherit from you under a will, codicil, trust, insurance policy, or by operation of intestate succession laws

◆ Any individual who stands to benefit financially in any other way as a result of your death

These restrictions exist to prevent conflicts of interest, undue influence, or even the appearance of impropriety. The goal is to ensure that your Advance Directive reflects your independent wishes, freely made.

Practical Guidance

Before signing the form, review the witness qualifications carefully and confirm that your chosen witnesses meet all eligibility requirements. If there is any doubt, it is best to select different witnesses who clearly qualify. Taking extra care at this stage can help prevent legal challenges or delays later.

If notarization is required in your state, arrange for a licensed notary public to be present at the time of signing, in addition to the required witnesses.

Executing the Advance Directive correctly is a critical step in making sure your health care wishes are respected and legally enforceable when they matter most.

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