Do I Have To Sign My Advance Directives In Front Of Witnesses?

Yes. You must sign the document in the presence of two witnesses in order for any of the different types of advance directives to be valid. The witnesses then sign the form. For the living will and the appointment of health care agent, an optional form is provided in this booklet. It is called a witnesses' affidavit. It is the witnesses' sworn statement that they saw you sign the living will or appointment form and you were of sound mind and it was your free choice to do so. In the event that there is a dispute regarding your living will or appointment of a health care agent, the witnesses` affidavits support its validity. This affidavit requires the use of an attorney or notary public.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

Additional Estate Planning Articles

Search LawInfo's Estate Planning Resources