Medical Directives: Updates

Updates

NOTE: In 2021, the “Designation of Health Care Agent” in each state’s supplement was revised to include “pecking order” information; also recommendation of two witnesses’ signatures as part of compliance with other states’ documents.

If you have any additional questions regarding the Medical Directive Statements, please contact us for help.

State

Updates

Current Year

Alabama

AL still requires principal and witnesses to be 19 years or older.

2021

Alaska

AK allows a notary public or 2 witnesses to verify principal’s signature.

2021

Arizona

AZ maintains a state registry which was checked for accuracy in Nov. 2020. Also, autopsy provision included. Information on “Do-Not-Resuscitate” form requirements included in supplement in Nov. 2020.

2021

Arkansas

Updated form in Dec. 2020 that organ donation form must be signed by two witnesses or notarized. If choosing to have document witnessed, witnesses must be at least 18 years old. In addition, one of the witnesses may not be related by blood, marriage, or adoption, or entitled to any part of the estate under a will or by operation of law.

2021

California

In Nov. 2020, changed document name to “Advance Health Care Directive.” State allows 2 witnesses or a notary public to verify signature. A state registry is also available.

2021

Colorado

Although witness signatures are not required, CLR advised in Nov. 2020 to have witnesses sign document to make it compliant with other states’ documents.

2021

Connecticut

Changed to “health care representative” in Jan. 2021. From CT.gov: the form necessary to create your advance directive does not require the use of a notary. An additional optional form (witnesses’ affidavit) requires a notary public or a lawyer to verify the signature of the witnesses.

2021

Delaware

No additional updates.

2021

Florida

Witness statement was revised in Nov. 2020 using Florida Form 080111 of the FL Designation of Health Care Surrogate. At least one witness must not be a husband or wife or a blood relative of the principal.

2021

Georgia

Updated document in Dec. 2020 that witnesses do not have to be present when principal signs; burial disposition applies; non-mandatory designation of guardian.

2021

Hawaii

No additional updates.

2021

Idaho

Idaho has a registry but it’s moving to state’s health department. 1/27/21: The Health Care Directive Registry will soon be moving from the Secretary of State’s website to the Idaho Department of Health and Welfare. Still at SoS website as of 8/19/21.

2021

Illinois

Although only one witness needs to sign document, CLR recommends 2 (because a second witness is required in many other states) — updated Dec. 2020

2021

Indiana

Changed name of document in Dec. 202 to Advance Directive; notary signature required when granting additional powers as an attorney-in-fact, per law.

2021

Iowa

Updated document in Nov. 2020 allowing either a notary public or 2 witnesses to verify signature.

2021

Kansas

Kansas requires 2 witnesses or a notary public to verify signature.

2021

Kentucky

In Dec. 2020, changed name to “Advance Directive” because it includes the living will form.

2021

Louisiana

No additional updates.

2021

Maine

No additional updates.

2021

Maryland

In Dec. 2020, optional organ donation form with 2 witness signatures included with state document. In Nov. 2020, added to witness section: At least one of the witnesses must be someone who will not knowingly inherit anything from the principal or otherwise knowingly gain a financial benefit from the principal’s death.

2021

Massachusetts

“Massachusetts recognizes Health Care Proxies but there is no law in Massachusetts governing Living Wills and there is no standard Living Will form for Massachusetts. You can create your own or use the one we created below. Again, this is not legally valid but it can guide your Health Care Proxy and your physicians about the types of choices you would make.” (Everplans.com)

2021

Michigan

MI has acceptance designation requirement on form for advocates; updated document and supplement in Nov. 2020. Revised form to allow both the primary and the secondary advocates to sign directive; updated document and supplement in Oct. 2021.

2021

Minnesota

MN allows a notary public or 2 witnesses to verify principal’s signature (no more than 1 witness can be a health care provider); updated document and supplement in Nov. 2020.

2021

Mississippi

MS allows a notary public or 2 witnesses to verify principal’s signature.

2021

Missouri

Updated document in Jan. 2021 that a notary public is required under specific choices made in the document. Otherwise, two witnesses required in case of cremation authorization, etc. We advise notary public and witnesses to sign verifying principal’s signature.

2021

Montana

In Dec. 2020 changed statement from health care agent to health care representative. Montana has registry which was checked for accuracy.

2021

Nebraska

According to the Nebraska Department on Aging: The Rights of the Terminally Ill Act defines an adult as someone who is 19 years of age or older, or who has been married. Only an adult can sign an advanced directive.

2021

Nevada

State requires 2 witnesses or a notary public to verify signature; state has registry and website was verified for accuracy in Nov. 2020. State-authorized forms use “agent” (not “attorney-in-fact”) which were changed in Dec. 2020.

2021

New Hampshire

Updated document in Dec. 2020, that 2 witnesses, notary public, or justice of the peace can witness principal’s signature. Also added a disclosure statement at the front of the document.

2021

New Jersey

Updated document in Dec. 2020 that New Jersey has brain death provision; can have witnesses or notary, attorney, or other to sign as witness.

2021

New Mexico

Although two witnesses’ signatures are not required, CLR advised in Dec. 2020 to have two witnesses sign document to make it compliant in other states.

2021

New York

Organ donation issues involving health care agent apply — updated Dec. 2020.

2021

North Carolina

In Jan. 2021, CLR changed document to “Health Care Power of Attorney”; principal’s signature and 2 witness signatures must be notarized.

2021

North Dakota

No additional updates.

2021

Ohio

In Dec. 2020, CLR advised the naming of an alternate agent despite the state’s requirement of only one name. CLR used text from the law at the beginning of the document so that it is in uniformity with their witness requirements.

2021

Oklahoma

No additional updates.

2021

Oregon

CLR has not updated Oregon’s DPOA since 2018.

2018

Pennsylvania

No additional updates.

2021

Rhode Island

No additional updates.

2021

South Carolina

In Jan. 2021, document revised that principal’s signature and 2 witnesses’ signatures must be notarized.

2021

South Dakota

No additional updates.

2021

Tennessee

Tennessee requires 2 witnesses or a notary public to verify signature.

2021

Texas

Disclosure statement required at beginning of document; 2 witnesses or notary can witness signature; can designate a second alternate agent. Updated with these changes in Dec. 2020.

2021

Utah

Although Utah allows 1 witness to verify principal’s signature, CLR recommends 2 witnesses’ signatures to comply with other states’ documents.

2021

Vermont

In Jan. 2021, document name changed from “Durable Power of Attorney” to “Advance Directive”; updated that an extra witness is needed if the principal is in the hospital or being admitted to a hospital or care facility. Vermont has state registry — checked for accuracy.

2021

Virginia

No additional updates.

2021

Washington

Although witness signatures are not mandatory, CLR advised in Dec. 2020 to have 2 witnesses sign document to make it compliant with other states’ documents.

2021

Washington DC

No additional updates.

2021

West Virginia

In Jan. 2021, document revised that principal’s signature and 2 witnesses’ signatures must be notarized.

2021

Wisconsin

In Feb. 2020, incapacity designation found on page 2 of the document was changed to include nurse practitioners and physician assistants.

2021

Wyoming

No additional updates.

2021

Alberta – Canada

No additional updates.

2021

British Columbia – Canada

In Feb. 2021, CLR added information about a temporary substitute decision maker.

2021

Ontario – Canada

No additional updates.

2021

*This date reflects the year the document was last revised. If you have a previous version of the document it is still valid; however, you may want to download and sign the newest version in the event any laws have changed specific to your situation or condition.

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