Who Witnesses The Signing Of An Advance Directive?

Two people must witness the signing of your advance directive form. Although it is not required, it is recommended that you also sign in the presence of a notary public. A witness cannot be anyone who: is related to you by blood, marriage, or adoption, is entitled to any portion of your estate, has a claim against any portion of your estate, has a direct financial responsibility for your medical care, has a controlling interest or is an employee of a residential facility in which you reside, is under 18 years of age. If you are a resident of a long term residential health care facility, one of the witnesses must be a patient advocate or ombudsman designated by the Division of Services for Aging and Adults with Physical Disabilities or the Public Guardian.

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.

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