Can a Nurse Witness a Living Will Without Consequences?

Advance Health Care Directive Can a Nurse Witness a Living Will Without Consequences?

Can a Nurse Witness a Living Will—Mystery Solved

In most states, when creating a living will, you must choose one or two witnesses to confirm that you are of sound mind at the moment of signing. Many people want their physicians or attending nurses to take up this role, but is this practical? Can a nurse witness a living will? If not, who can do it?

Don’t search for answers by combing through countless web sources—find them all in this manual! As getting a living will with legal assistance can be expensive, we also teach you how to create it at a much more affordable price by subscribing to DoNotPay!

What Is a Living Will?

A living will is a document that summarizes all your health care wishes if you aren’t competent to decide on your medical care anymore. It enables you to:


  1. Refuse or accept particular treatments, surgeries, and medications
  2. Choose whether you want the doctors to resuscitate you if your heartbeat or breathing stops
  3. Select the preferred end-of-life care options

Your living will comes into effect if you:

  • Fall into a coma
  • Have an incurable illness
  • Are in a vegetative state
  • Suffer from a specific mental disorder that doesn’t let you communicate properly

This document is usually paired with another health care directive, named a medical power of attorney or health care proxy. With this form, you can designate an individual—a health care representative—to make health-related choices in your stead if you become unable to. You shouldn’t consider it a synonym for a standard power of attorney as these are two different documents.

Can a Medical Worker Witness Your Living Will?

In most cases, the answer is no—a nurse or doctor responsible for your treatment can’t act as a witness to your living will. This rule also applies to any other medical worker involved in your health care.

Some states allow you to name your designated physician or attending nurse as a witness or a health care agent, but they must resign from treating you first. The best option is still to choose a disinterested third party to perform this duty.

Who Can or Can’t Be a Witness to a Living Will?

Most states have strict rules regarding who can or can’t witness a living will. The following table shows the most common groups of people who can/can’t take on this role:

Who Can Be a Witness Who Can’t Be a Witness
  • Acquaintance
  • Member of your religious group
  • Any person of legal age and a sound mind—including a stranger—who wouldn’t benefit financially from your death in any way
  • Minor
  • Relative
  • Husband or wife
  • Adoptive parent/adopted child
  • Heir or individual who can benefit financially from your death
  • Person who finances your medical treatments and care
  • Mentally unstable individual
  • Person under the influence of alcohol or drugs

DoNotPay Brings You a High-Grade Living Will Without Lawyers or Poor-Quality Samples

Why waste hours trying to compose a living will or filling out a generic state-specific advance directive form when you can get a better result with DoNotPay? Our user-friendly app can:

  • Collect the info about your preferred medical treatments and other health care preferences
  • Craft a unique document based on the details you provide
  • Help you set up a video meeting with an online notary to have your living will or medical power of attorney notarized in no time

Here are the instructions you should follow to get our help:

  1. Visit DoNotPay
  2. Find the Advance Health Care Directive product
  3. Input the details about your designated health care agent and witnesses
  4. Provide a thorough description of your future health care wishes

Once you complete these steps, we will provide you with a ready-made health care directive in less than five minutes!

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