Execution Requirements for your Advance Directives

There are certain execution requirements for your Advance Directives (including your living will).

Each state sets forth its requirements for a document to be considered legally executed. These requirements are in your state's statutes.

Generally speaking, as long as the document you execute has two appropriate witnesses and is notarized by a notary public (or the equivalent), you will have met the requirements of your state's statute.

Execution Requirements: Legal Witnesses

An appropriate witness is a person whom is:

of legal age (has reached the age of majority in the state of execution),

is legally competent, and,

is unrelated to you, or is not named to act for you, in the advance directive that he/she is witnessing.

The witnesses must witness your execution of the document, and be satisfied that you are legally competent to execute the document--that you know what you are doing, and are doing it of your own free will.

Notary Public (or Equivalent)

The Notary Public takes your acknowledgement and, should also acknowledge that the advance directive was signed by your witnesses in front of the Notary as well.

Although certain Advance Directives may require less formality by state statute than set forth above, at this time, it is still recommended that the documents be executed before two witnesses and notarized.

There is a general movement in the law toward requiring more specific proof of intent when executing advance directives, especially a living will. If the document is executed as set forth above, it should survive scrutiny and be considered legal and valid. For a look at the state statutes, and what is required, click Execution Requirements Advance Directives