Healthcare directive requirements by state

What your state requires to create a valid advance healthcare directive — witnesses, notarization, and execution formalities.

What every state requires

  • Written and signed — the directive must be in writing and signed by you while of sound mind and 18+
  • Witnesses — most states require 1–2 witnesses; a few allow a notary as an alternative
  • Distribute copies — give your agent, primary care physician, and family a signed copy; keep the original accessible

Who cannot be a witness

In most states, your healthcare agent cannot serve as a witness. Many states also disqualify relatives, heirs, anyone who will benefit financially from your estate, and your attending physician or healthcare providers. Check the state-specific details below for the exact restrictions in your state.

Notarization

Not required

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

1

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Not required

Witnesses

None

Notarization

Not required

Witnesses

1

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Not required

Witnesses

None

Notarization

Not required

Witnesses

2

Notarization

Required

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Required

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Alternative

Witnesses

2

Notarization

Not required

Witnesses

1

Notarization

Not required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Required

Witnesses

2

Notarization

Not required

Witnesses

2

Notarization

Alternative

Witnesses

2

This information is general in nature and not legal advice. Requirements may vary based on your specific circumstances. Consult a licensed estate planning attorney for guidance.