Does a Medical Power of Attorney Need To Be Notarized To Be Valid?
Creating a medical power of attorney is important, but you need to know how to make it legally binding for it to be valid. Does a medical power of attorney need to be notarized, or is having witnesses enough? DoNotPay is here to provide you with an answer!
A medical power of attorney (medical POA) is a type of advance directive used to appoint a health care agent. This person is to be in charge of making medical decisions on your behalf if you become unable to do so yourself. Having a medical power of attorney will save you and your loved ones from a lot of trouble in various health care situations.
Depending on the state where you live, you might come across this document under different names. Some of the most common ones include:
- Health care power of attorney
- Personal directive
- Medical directive
- Health care proxy (there is a slight difference between this document and a medical POA in some states)
Whether a medical power of attorney needs to be notarized depends on the laws of the state you live in. Some states in the U.S. mandate this step, while others don’t. In most states, you are required only to have your medical POA witnessed by two adult individuals.
For this reason, it is important to know the exact requirements of the state you are creating a health care power of attorney in. Check out the table below for detailed guides on each state:
|Montana||Nebraska||Nevada||New Hampshire||New Jersey|
|New Mexico||New York||North Carolina||North Dakota||Ohio|
|Oklahoma||Oregon||Pennsylvania||Rhode Island||South Carolina|
In most states, the only requirement about a person witnessing your medical power of attorney is that they are 18 or older. Preferably, they are also not:
- Related to you by blood, marriage, or adoption
- Your health care agent
- Your physician or an employee in your health care facility
- Entitled to a part of your estate
If you want to create a medical power of attorney properly without using online forms, you should turn to DoNotPay for help. Our app will save you time and the trip to a lawyer’s office. Here are the only steps that you need to take:
- Sign up for DoNotPay
- Select our Advance Health Care Directive product
- Choose your health care agent
- Indicate what powers you want to transfer to your agent
A living will is another type of advance directive that lets you state your wishes regarding medical treatments in near-death situations. It is often created alongside a medical power of attorney. If you decide to make a living will, you should check out our guides on:
Whether you need to get your living will notarized depends on the laws of the state you live in. In most parts of the country, you are only required to have two witnesses when signing the document. It is important that these individuals are at least 18 years old and not related to you.
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Are you having trouble communicating with your loved ones in jail? Our app features a tool that enables you to send letters to inmates from any device! We can help you get in touch with a notary public who can notarize your legal documents virtually or reach out to embassies and consulates or government reps. Reaching customer care centers also gets much simpler with DoNotPay by your side as you can skip phone queues the easy way.