A Quick Guide to Advance Directive Laws by State
Anyone at any age can lose the ability to make their own health care decisions due to a serious injury or illness. In such situations, a health care directive can instruct your loved ones and physicians on which medical interventions they should approve for you.
The laws that govern the creation of these documents vary by state. This guide will unravel the advance directive laws by state and teach you how to create advance directives that comply with them using DoNotPay.
What Is an Advance Directive?
An advance directive is a legal document that allows you to plan for your future health care if you become incapacitated or terminally ill by:
- Listing your medical care wishes
- Appointing someone to make health care decisions in your stead
Two types of advance directives are commonly used in most states:
- Medical power of attorney
- Living will
The table below contains essential details regarding these documents:
| Advance Directive | Explanation | Alternative Names |
|---|---|---|
| Medical power of attorney (POA) | It allows you to choose someone (typically called a health care agent or representative) who will:
An agent assumes their responsibility once it is confirmed you’re no longer capable of deciding for yourself |
Depending on your state, the document can be referred to as a:
|
| Living will | This type of advance directive is used to spell out the medical interventions you wish or don’t wish to receive if you become incapacitated or terminally ill | The document can also be called an instructional directive |
An Overview of Advance Directive Laws by State
Every state has its own statutes that govern drafting and the use of advance directives—meaning the requirements for this document vary. The general points of health care proxy and living will laws by state are outlined in the table below:
| State Law Requirements Regarding | Details |
|---|---|
| Signing of the documents | Here is the summary of signing requirements for all U.S. states:
|
| Choice of an agent and witnesses | State laws impose restrictions on the choice of witnesses for an advance directive. In most states, your witness cannot be:
|
| The concept of the document | Some states statutes govern the creation of:
|
Create a Legally Valid Advance Directive With DoNotPay
DoNotPay is the best method of creating an advance directive. Our AI-powered app generates your document from scratch and ensures that it:
- Complies with the laws in your state of residence
- Is ready in a matter of minutes
- Accommodates your wishes
The process of creating a living will or health care proxy with our app is straightforward:
- Sign up for DoNotPay
- Select the Advance Health Care Directive tool
- Name your agent and witnesses
- Answer a few questions about your medical care preferences
We can also match you with an online notary if you want to get the document notarized.
You can turn to our knowledge base for more helpful guides to advance directives—such as how to compare a health care proxy to a power of attorney, estimate the cost of creating a living will, and many more!
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| Communication | Paperwork | Other Services |
|---|---|---|
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