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Advance Directive and Health Care Proxy: Every State's Form

39 min read

Medically Reviewed

Black Health Medical Editorial Board, Medical Advisory Board

A Black couple leans over a wooden table, smiling, as the man signs a printed form while the woman watches.
Photo: olia danilevich / Pexels

Advance directives and health care proxies explained for every adult: the two decisions the document holds, why Black families in particular should put instructions in writing, every state's official form and statute linked, each state's witness and notary rule quoted, the registries that exist, and what a directive cannot do.

Two questions decide what happens to you in an intensive care unit when you cannot speak: who is allowed to answer for you, and what did you want. A single document settles both, every state has a form for it, and most are free. The catch is the signing rule, which changes at the state line and turns a careful document into a disputed one when it is missed. This guide links your state's form and quotes its rule.

On this page

The moment a directive is needed is, by definition, the moment you cannot make one. A stroke, a car crash, a ventilator after surgery: the hospital will turn to the family and ask who decides, and without a document the answer comes from a state default list (spouse, then adult children, then parents, then siblings) that may not be the person you would choose, may split a family, and may leave a partner you never married with no standing at all. The form fixes that in an afternoon.

It also protects the people who love you from a decision they should not have to guess at. Writing down that you would, or would not, want to be kept on a machine with no chance of recovery is not giving up; it is taking a weight off your sister at 3 a.m. Black families have good historical reasons to distrust a system that asks them to sign away care, and the answer to that distrust is to put your own instructions in writing, in your words, so that nobody else's assumptions fill the silence.

  • The health care agent (also called proxy, surrogate, representative or attorney-in-fact). The person you authorize to make medical decisions when you cannot. Pick someone who will carry out your wishes rather than their own, who can be reached, and who can stand up to a doctor and to relatives. Name an alternate.
  • The living will (also called treatment instructions or health care directive). Your wishes about life-sustaining treatment, artificial nutrition, pain relief, and anything you feel strongly about, from dialysis to organ donation. Most state forms let you check boxes and add your own sentences. The sentences are the part your agent will quote.

Some states combine both in one statutory form; others publish two. Either way, the agent appointment is the piece that does the most work, because no form can anticipate every situation and the agent can.

Whatever brought you to this page, community health centers see patients regardless of insurance and charge on a sliding scale that is often $0. Our directory of free and charitable clinics lists centers by state. A same-day telehealth visit is self-pay and is not billed to Medicaid, so if you have Medicaid the clinic route will usually cost less. If you would rather see a clinician online today:

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We opened each state's statute and official form on October 27 and 28, 2026. The table links the form where the state publishes one (a department of health, attorney general, state bar or court), the statute where the form is printed in the law itself, and the signing rule in the statute's own words. Read the signing rule twice: the common mistakes are a witness who is a relative or an heir, a witness who works at the facility, or a signature that needed a notary and did not get one.

Advance directive and health care proxy forms and signing rules for every state, from the statute or the state's official form, read October 27 and 28, 2026.
State and statuteOfficial formHow it must be signed
Alabama
Ala. Code § 22-8A-4 (Alabama Natural Death Act)
Form printed in the statuteTwo or more adult witnesses (age 19 or older); no notary required.
Your decision-maker is called the health care proxy.
Alaska
Alaska Stat. § 13.52.010 (Health Care Decisions Act, AS 13.52); sample form at AS 13.52.300
Form printed in the statuteTwo witnesses who personally know you, or a notary.
Your decision-maker is called the agent.
Arizona
A.R.S. § 36-3221 (health care power of attorney); § 36-3261 (living will); § 36-3291 (registry)
Health Care Power of Attorney (Life Care Planning packet)
Arizona Attorney General (Life Care Planning, https://www.azag.gov/issues/elder-affairs/life-care-planning)
A notary, or one adult witness.
Your decision-maker is called the agent.
State registry
Arkansas
Ark. Code § 20-6-101 et seq. (Arkansas Healthcare Decisions Act, Act 1264 of 2013); signing rule at § 20-6-103(b)
Appointment of Health Care Agent (Arkansas); Advance Care Plan (Health Care Decision Forms adopted by the Arkansas State Board of Health, October 24, 2013)
Arkansas Department of Health, Arkansas State Board of Health (https://healthy.arkansas.gov/boards-commissions/boards/health-arkansas-state-board-of/healthcare-decision-forms/)
A notary, or two witnesses with the statute's attestation clause.
Your decision-maker is called the agent.
California
Cal. Probate Code § 4701 (statutory advance health care directive form); execution rules §§ 4673-4675
Advance Health Care Directive Form (California Probate Code Section 4701)
California Attorney General (https://oag.ca.gov/consumers/general/care)
Two qualified witnesses, or a notary.
Your decision-maker is called the agent.
State registry
Colorado
C.R.S. § 15-14-506 (medical durable power of attorney, within §§ 15-14-503 to 15-14-509); C.R.S. §§ 15-18-104 and 15-18-106 (Colorado Medical Treatment Decision Act, declaration as to medical treatment)
Form printed in the statuteLiving will: two witnesses or a notary. Medical power of attorney: the statute sets no signing formality.
Your decision-maker is called the agent.
Connecticut
Conn. Gen. Stat. § 19a-575a (combined form), § 19a-576 (appointment of health care representative), § 19a-577 (appointment form), chapter 368w
Connecticut Advance Health Care Directives combined form (health care instructions, appointment of health care representative, designation of conservator, anatomical gift)
Connecticut Attorney General (Health Issues page, https://portal.ct.gov/ag/health-issues)
Two adult witnesses; no notary required.
Your decision-maker is called the health care representative.
Delaware
16 Del. C. ch. 25 (Delaware Health-Care Decisions Act), § 2508 (power of attorney for health care), § 2511 (optional form)
Advance Health-Care Directive (Delaware)
Delaware Department of Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities (https://dhss.delaware.gov/dsaapd/division-of-services-for-aging-and-adults-with-physical-disabilities/advance-directives/)
One adult witness; no notary required.
Your decision-maker is called the agent.
District of Columbia
D.C. Code § 21-2205 (durable power of attorney for health care), § 21-2207 (sample form); living will under D.C. Code § 7-621 et seq.
Form printed in the statuteTwo adult witnesses; no notary required.
Your decision-maker is called the attorney in fact.
Florida
Fla. Stat. ch. 765; § 765.202 (designation of a health care surrogate); § 765.203 (suggested form)
Designation of Health Care Surrogate (suggested form, § 765.203)
Florida Agency for Health Care Administration, FloridaHealthFinder consumer guides (https://quality.healthfinder.fl.gov/report-guides/advance-directives)
Two adult witnesses, at least one of whom is not your spouse or a blood relative.
Your decision-maker is called the health care surrogate.
Georgia
O.C.G.A. § 31-32-4 (Georgia Advance Directive for Health Care Act, O.C.G.A. ch. 31-32)
Georgia Advance Directive for Health Care (Revised March 2016)
Georgia Department of Human Services, Division of Aging Services (https://aging.georgia.gov/)
Two witnesses age 18 or older; no notary required.
Your decision-maker is called the health care agent.
Hawaii
Haw. Rev. Stat. § 327E-3 (Uniform Health-Care Decisions Act (Modified)); optional form at § 327E-16
Form printed in the statuteTwo witnesses, or a notary.
Your decision-maker is called the agent.
Idaho
Idaho Code § 39-4510 (advance care planning document, Medical Consent and Natural Death Act, ch. 45, as rewritten by 2023 ch. 307); registry at § 39-4515
Idaho Durable Power of Attorney for Healthcare and Living Will (Version 2.2, Updated March 2025), the Department of Health and Welfare optional form
Idaho Department of Health and Welfare (https://healthandwelfare.idaho.gov/services-programs/birth-marriage-death-records/advance-directives-and-registry-services)
Witnesses and notarization are optional since 2023.
Your decision-maker is called the health care agent.
State registry
Illinois
755 ILCS 45/4-10 (Illinois Power of Attorney Act, statutory short form power of attorney for health care); living will under 755 ILCS 35
Illinois Statutory Short Form Power of Attorney for Health Care
Illinois Department of Public Health (https://dph.illinois.gov/topics-services/health-care-regulation/nursing-homes/advance-directives.html)
One witness; no notary required.
Your decision-maker is called the agent.
Indiana
Ind. Code § 16-36-7-28 (advance directive; signature; witnesses; acknowledgement), IC 16-36-7 (Advance Directives, added by P.L.50-2021); health care representative defined at IC 16-36-7-13
not located (IC 16-36-7-30 directs the state department to post sample forms; the Indiana Department of Health Advance Directives Resource Center page returned HTTP 404 on the read date)
Indiana Department of Health (page unreadable: HTTP 404)
Two adult witnesses, or a notarial officer.
Your decision-maker is called the health care representative.
Iowa
Iowa Code ch. 144B (Durable Power of Attorney for Health Care); § 144B.3 (requirements); § 144B.5 (form); living will under ch. 144A
Form printed in the statuteTwo witnesses signing together, or a notary.
Your decision-maker is called the attorney in fact.
Kansas
K.S.A. 58-625 et seq. (durable power of attorney for health care decisions); § 58-629(e) (witnesses and acknowledgment); § 58-632 (form); living will under K.S.A. 65-28,101 et seq. (Natural Death Act)
Form printed in the statuteTwo witnesses age 18 or older, or a notary.
Your decision-maker is called the agent.
Kentucky
KRS 311.621 to 311.643 (Kentucky Living Will Directive Act); form at KRS 311.625
Living Will Directive (Kentucky Attorney General Living Will packet; statutory form in KRS 311.625)
Kentucky Attorney General
Two or more adult witnesses, or a notary.
Your decision-maker is called the health care surrogate (KRS 311.621(16): "'Surrogate' means an adult who has been designated to make health care decisions in accordance with KRS 311.621 to 311.643").
Louisiana
La. R.S. 40:1151 to 40:1151.9 (declarations concerning life-sustaining procedures); declaration, witnesses, illustrative form and registry at R.S. 40:1151.2
Living Will Declaration Form (Rev. 01/2018), citing R.S. 40:1151 et seq.; statutory illustrative form in R.S. 40:1151.2(C)
Louisiana Secretary of State
Two witnesses; no notary option.
Your decision-maker is called the no statutory title; R.S. 40:1151.2(C)(1) allows "a designation of another person to make the treatment decision for the declarant should he be diagnosed as having a terminal and irreversible condition and be comatose, incompetent, or otherwise mentally or physically incapable of communications".
State registry
Maine
18-C M.R.S. Sections 5-801 to 5-817 (Uniform Health Care Decisions Act); execution rule at 18-C M.R.S. Section 5-803(2); optional form at Section 5-805
Form printed in the statuteTwo witnesses present in person; no notary option.
Your decision-maker is called the agent (form: "I designate the following individual as my agent to make health care decisions for me").
Maryland
Md. Code, Health-General Sections 5-601 to 5-618 (Health Care Decisions Act); execution rule at Section 5-602(c); optional form at Section 5-603
Maryland Advance Directive: Planning for Future Health Care Decisions (Office of the Attorney General, May 2024 form and booklet); statutory optional form at Health-General Section 5-603
Maryland Office of the Attorney General (accessible copy hosted by the Maryland Department of Health; statutory form at https://mgaleg.maryland.gov/2026RS/Statute_Web/ghg/5-603.pdf)
Two witnesses; your agent may not be one; no notary required.
Your decision-maker is called the health care agent.
Massachusetts
M.G.L. c. 201D (Health Care Proxies); execution rule at c. 201D Section 2
Massachusetts Health Care Proxy form (no statutory form; mass.gov form page)
Commonwealth of Massachusetts (mass.gov)
Two adult witnesses who sign an affirmation.
Your decision-maker is called the health care agent.
Michigan
MCL 700.5506 to 700.5515 (Estates and Protected Individuals Code, patient advocate designation); execution rule at MCL 700.5506(3)-(4)
Form printed in the statuteTwo witnesses; the statute disqualifies relatives, heirs, your advocate and your care providers; no notary option.
Your decision-maker is called the patient advocate (MCL 700.5506(2): "an individual who is named in a patient advocate designation to exercise powers concerning care, custody, and medical or mental health treatment decisions is known as a patient advocate").
Minnesota
Minn. Stat. ch. 145C (Health Care Directives); legal sufficiency at Minn. Stat. 145C.03; suggested form at 145C.16
Form printed in the statuteA notary, or witnesses; your agent may not witness or notarize.
Your decision-maker is called the health care agent.
Mississippi
Miss. Code Ann. Sections 41-41-201 to 41-41-229 (Uniform Health-Care Decisions Act); optional form at Section 41-41-209
Form printed in the statuteTwo qualified adult witnesses, or a notary.
Your decision-maker is called the agent (form: "DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me").
Missouri
RSMo Sections 404.800 to 404.872 (Durable Power of Attorney for Health Care Act) with execution under RSMo 404.705; living will declarations RSMo Sections 459.010 to 459.055, sample form at 459.015(3)
Form printed in the statuteLiving will: two adult witnesses. Durable power of attorney for health care: notarized.
Your decision-maker is called the attorney in fact.
Montana
MCA Title 50, chapter 9, part 1 (Montana Rights of the Terminally Ill Act); declaration and designee at MCA 50-9-103; registry at MCA 50-9-501
My Choices Advance Directive (Montana Department of Justice End-of-Life Registry); statutory declaration forms in MCA 50-9-103(2) and (3)
Montana Department of Justice, Office of Consumer Protection
Two witnesses; the Department of Justice form adds an optional notary.
Your decision-maker is called the designee (MCA 50-9-103 heading "Declaration relating to use of life-sustaining treatment -- designee"; the statute says the declarant "may designate another individual of sound mind and 18 years of age or older to make decisions"; the DOJ form uses "Health Care Representative (Power of Attorney for Health Care)").
State registry
Nebraska
Neb. Rev. Stat. Sections 30-3401 to 30-3432 (Power of Attorney for Health Care); execution at 30-3404; form at 30-3408
Form printed in the statuteTwo adult witnesses, or a notary.
Your decision-maker is called the attorney in fact.
Nevada
NRS 162A.700 to 162A.870 (Durable Power of Attorney for Health Care Decisions); execution at NRS 162A.790; form at NRS 162A.855
Form printed in the statuteA notary, or two adult witnesses.
Your decision-maker is called the agent (NRS 162A.030: "Agent means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact or otherwise.").
State registry
New Hampshire
RSA 137-J (Written Directives for Medical Decision Making for Adults Without Capacity to Make Health Care Decisions); execution at RSA 137-J:14; form at RSA 137-J:20
Form printed in the statuteTwo witnesses, or a notary or justice of the peace.
Your decision-maker is called the agent (RSA 137-J:2 IV: "'Agent' means an adult to whom authority to make health care decisions is delegated under a durable power of attorney for health care.").
New Jersey
N.J.S.A. 26:2H-53 to 26:2H-81 (New Jersey Advance Directives for Health Care Act)
Proxy Directive (Durable Power of Attorney for Health Care): Designation of Health Care Representative; and Instruction Directive (Living Will)
New Jersey Department of Health
Two adult witnesses who are not your representative; no notary block on the state form.
Your decision-maker is called the health care representative.
New Mexico
NMSA 1978, Sections 24-7A-1 to 24-7A-18 (Uniform Health-Care Decisions Act); execution at 24-7A-2(B); optional form at 24-7A-4
Form printed in the statuteYour signature alone; witnesses are recommended, not required.
Your decision-maker is called the agent.
New York
N.Y. Public Health Law Article 29-C, Sections 2980 to 2994 (Health Care Agents and Proxies); execution at PHL Section 2981(2)
Health Care Proxy (New York State Department of Health publication 1430)
New York State Department of Health
Two adult witnesses; your agent may not be one; no notary.
Your decision-maker is called the health care agent (PHL Section 2980: "'Health care agent' or 'agent' means an adult to whom authority to make health care decisions is delegated under a health care proxy.").
North Carolina
N.C.G.S. Sections 32A-15 to 32A-27 (Health Care Powers of Attorney); definitions and execution at G.S. 32A-16(3) and (6); statutory form at G.S. 32A-25.1
Health Care Power of Attorney, statutory form G.S. 32A-25.1 (also published as a fillable PDF by the Secretary of State)
North Carolina Secretary of State (statutory form text at https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_32A/GS_32A-25.1.html)
Two qualified witnesses and a notary.
Your decision-maker is called the health care agent (G.S. 32A-16(2): "Health care agent. - The person appointed as a health care attorney-in-fact.").
State registry
North Dakota
N.D. Cent. Code ch. 23-06.5 (Health Care Directives); execution 23-06.5-05; optional form 23-06.5-17
Form printed in the statuteA notary, or two witnesses age 18 or older.
Your decision-maker is called the agent (23-06.5-02(1) "Agent"; the statutory form calls the person "the health care agent").
Ohio
Ohio Rev. Code 1337.11 to 1337.17 (durable power of attorney for health care; execution 1337.12) and 2133.01 to 2133.15 (living will declaration; execution 2133.02)
Ohio Health Care Power of Attorney and Living Will Declaration (Choices: Living Well at the End of Life, Advance Directives Packet, Eighth Edition)
Ohio Hospital Association (packet produced with LeadingAge Ohio, Ohio State Medical Association and Ohio Osteopathic Association; legal language supplied by the Ohio State Bar Association); no .gov host found
Two adult witnesses, or a notary.
Your decision-maker is called the attorney in fact.
Oklahoma
63 O.S. 3101.1 to 3102 (Oklahoma Advance Directive Act); form and execution 63 O.S. 3101.4
Form printed in the statuteTwo witnesses age 18 or older who are not your heirs; no notary option.
Your decision-maker is called the health care proxy (63 O.S. 3101.3(6): "'Health care proxy' is an individual eighteen (18) years old or older appointed by the declarant as attorney-in-fact to make health care decisions").
Oregon
ORS 127.505 to 127.660 (Advance Directives for Health Care); execution ORS 127.515; form adopted under ORS 127.529 and 127.532 (Advance Directive Advisory Committee)
Oregon Advance Directive for Health Care (OHA 3905)
Oregon Health Authority
Two adult witnesses, or a notary.
Your decision-maker is called the health care representative.
Pennsylvania
20 Pa.C.S. Chapter 54 (Health Care): Subchapter B living wills 5441 to 5447; Subchapter C health care agents and representatives 5451 to 5465 (execution 5452); Subchapter D combined example form 5471
Form printed in the statuteTwo witnesses age 18 or older; notarization optional.
Your decision-maker is called the health care agent (20 Pa.C.S. 5422: "'Health care agent.' An individual designated by a principal in an advance health care directive.").
Rhode Island
R.I. Gen. Laws ch. 23-4.10 (Health Care Power of Attorney; statutory form 23-4.10-2) and ch. 23-4.11 (Rights of the Terminally Ill Act; living will form and witnesses 23-4.11-3)
Form printed in the statuteA notary, or two qualified witnesses (living will: two witnesses).
Your decision-maker is called the agent.
South Carolina
S.C. Code 62-5-501 to 62-5-518 (Health Care Power of Attorney; statutory form 62-5-504) and 44-77-10 to 44-77-160 (Death with Dignity Act; living will execution 44-77-40, form 44-77-50)
Form printed in the statuteHealth care power of attorney: two witnesses. Living will: two witnesses plus an officer authorized to administer oaths.
Your decision-maker is called the agent or health care agent (62-5-501(1): "'Agent' or 'health care agent' means an individual designated in a health care power of attorney to make health care decisions on behalf of a principal.").
South Dakota
SDCL 59-7-2.1 to 59-7-2.8 (durable power of attorney for health care) and SDCL ch. 34-12D (Living Wills; execution 34-12D-2, sample form 34-12D-3)
Form printed in the statuteTwo adult witnesses, or a notary.
Your decision-maker is called the attorney-in-fact or agent (SDCL 59-7-2.1: "a principal may designate another as the principal's attorney-in-fact or agent").
Tennessee
Tenn. Code Ann. 68-11-1801 to 68-11-1815 (Tennessee Health Care Decisions Act, 2004 Public Chapter 862); execution 68-11-1803(b)
Advance Directive for Health Care (Tennessee)
Tennessee Health Facilities Commission (Board for Licensing Health Care Facilities)
A notary, or two witnesses.
Your decision-maker is called the agent.
Texas
Tex. Health & Safety Code ch. 166 (Advance Directives Act): Subchapter B directive to physicians (execution 166.032, form 166.033); Subchapter D medical power of attorney (execution 166.154, form 166.164)
Medical Power of Attorney Designation of Health Care Agent (MPOA) and Directive to Physicians and Family or Surrogates (Living Will)
Texas Health and Human Services Commission
A notary, or two competent adult witnesses, per the state's own forms (the statute site could not be read by our tools).
Your decision-maker is called the agent (form title: Designation of Health Care Agent).
Utah
Utah Code 75A-9-101 to 75A-9-129 (Uniform Health Care Decisions Act, effective 1/1/2026); power of attorney for health care 75A-9-107; optional form 75A-9-110
Form printed in the statuteOne adult witness; no notary required (effective January 1, 2026).
Your decision-maker is called the agent (75A-9-101: "'Agent' means an individual appointed under a power of attorney for health care to make a health care decision for the individual who made the appointment.").
Vermont
18 V.S.A. ch. 231 (Advance Directives for Health Care, Disposition of Remains, and Surrogate Decision Making), 9700 to 9720; form and execution 9703
Vermont Advance Directive Short Form (2024; also a Long Form and a Health Care Agent form)
Vermont Department of Health (forms published by the Vermont Ethics Network under state contract and linked from healthvermont.gov)
Two witnesses age 18 or older; no notary; remote witnessing allowed since April 1, 2024.
Your decision-maker is called the agent (18 V.S.A. 9701(2): "'Agent' means an adult with capacity to whom authority to make health care decisions is delegated under an advance directive").
State registry
Virginia
Va. Code 54.1-2981 to 54.1-2993 (Health Care Decisions Act); procedure 54.1-2983; suggested form 54.1-2984; registry 54.1-2994 to 54.1-2995
Form printed in the statuteTwo subscribing witnesses.
Your decision-maker is called the agent (54.1-2982: "'Agent' means an adult appointed by the declarant under an advance directive, executed or made in accordance with the provisions of 54.1-2983, to make health care decisions for him.").
State registry
Washington
RCW ch. 70.122 (Natural Death Act; health care directive form and execution 70.122.030) and RCW ch. 11.125 (Uniform Power of Attorney Act; durable power of attorney for health care, execution 11.125.050)
Form printed in the statuteA notary, or two witnesses.
Your decision-maker is called the agent (RCW 11.125.020(1): "'Agent' means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise.").
West Virginia
W. Va. Code 16-30-1 to 16-30-25 (West Virginia Health Care Decisions Act); execution and forms 16-30-4
West Virginia Combined Medical Power of Attorney and Living Will (also separate Living Will and Medical Power of Attorney forms, 2022 revision)
WV Center for End-of-Life Care (West Virginia University Health Sciences Center; operator of the WV e-Directive Registry)
Two witnesses age 18 or older and a notary acknowledgment.
Your decision-maker is called the representative (16-30-3 defines the person named in a medical power of attorney as the "representative").
State registry
Wisconsin
Wis. Stat. ch. 155 (Power of Attorney for Health Care; execution 155.10, form 155.30) and ch. 154 (Declarations to Health Care Professionals and Do-Not-Resuscitate Orders; living will execution and form 154.03)
Power of Attorney for Health Care, F-00085 (and Declaration to Health Care Professionals (Wisconsin Living Will), F-00060)
Wisconsin Department of Health Services
Two witnesses; no notary.
Your decision-maker is called the health care agent.
Wyoming
Wyo. Stat. 35-22-401 to 35-22-416 (Wyoming Health Care Decisions Act); advance health care directives and execution 35-22-403
Advance Health Care Directive form (in Planning Ahead, Difficult Decisions: Advance Health Care Directives, University of Wyoming Extension B-1250.10, hosted on the Wyoming Judicial Branch self-help page)
Wyoming Judicial Branch (wyocourts.gov Legal Help by Topic: Advance Directive); publication authored for University of Wyoming Extension
A notary, or two witnesses.
Your decision-maker is called the agent (35-22-402(a)(ii): "'Agent' means an individual designated in a power of attorney for health care to make a health care decision for the individual granting the power").
  • Talk first, then write. Tell your agent what matters to you in a bad outcome: being able to recognize family, being at home, being free of pain, living as long as possible regardless. The form records the conclusion; the conversation is what they will act on.
  • Follow the witness rule exactly. If the statute excludes relatives, heirs or facility staff as witnesses, use neighbors or coworkers. If it allows a notary, banks and shipping stores notarize for a few dollars, and many hospitals have a notary on staff.
  • Do not leave blanks. An unchecked box reads as no instruction. Cross out sections you do not want and initial them.
  • Distribute it. Original to you, copies to the agent and alternate, your primary care doctor (ask that it be scanned into the chart), and the hospital nearest you. File it in the state registry if yours has one.
  • Review it when life changes. A new diagnosis, a divorce, a death, a move to another state. Most states honor a directive validly signed elsewhere, but the safest move after a move is a new form on your new state's rule.

A directive speaks only when you cannot. While you can decide, you decide, and you can revoke it at any time by saying so. It does not override a medical order. For someone with a serious illness who wants a specific instruction honored by paramedics and emergency rooms, the tool is a POLST (or MOLST, or POST, depending on the state) or a do-not-resuscitate order, signed by a clinician after a conversation; ask the treating doctor. And a directive does not cover money: a financial power of attorney is a separate document, and the hospital social worker can point you to free legal aid for both.

If you are reading this because someone you love is in intensive care, ask the nurse three questions: is there an advance directive in the chart, who is listed as the decision-maker, and when is the next family meeting with the care team. If there is no document, your state's default list decides who speaks, and the hospital ethics committee can help when the family disagrees. You can ask for a palliative care consult at any point; it is about comfort and clarity, not about stopping treatment. Our guide to asking for the clinician you want covers how to be heard in that room.

Frequently asked questions

Do I need a lawyer to make an advance directive? ▼

No. Every state publishes or prints in its statute a form that is valid when signed by its own rule, and the table links each one. A lawyer helps when your situation is unusual, for example a blended family, a trust, or an agent who lives abroad.

Does my advance directive work in another state? ▼

Most states honor a directive that was valid where it was signed, and several say so in the statute. After a permanent move, sign a new one on the new state's form so no hospital has to interpret.

Can I name my partner if we are not married? ▼

Yes. Naming a health care agent is exactly how an unmarried partner gets standing that the default surrogate list would not give them. Name an alternate too.

What is the difference between an advance directive and a DNR? ▼

A directive is your instructions and your chosen agent, for any adult, signed by you. A DNR or POLST is a medical order signed by a clinician for a person who is seriously ill, and it binds emergency responders. You can have both.

Where should I keep it? ▼

With your agent, your doctor's chart, the nearest hospital and, where the state runs one, its registry. A wallet card naming your agent and their phone number is the piece emergency staff see first.

Sources

  • The 51 state statutes and official forms linked in the table, read October 27 and 28, 2026.
  • National POLST, state program directory (for the medical-order counterpart to a directive). https://polst.org/state-programs/

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This content is for informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider with questions about a medical condition.

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