Living Wills: State Laws
By FindLaw Staff | Reviewed by Laura Temme, Esq. | Last updated June 16, 2022
A living will, also known in some states as a health care directive or directive to physicians, is a document that allows you to state your wishes for end-of-life medical care. This is done in case you become unable to communicate your own health care decisions.
A durable power of attorney, on the other hand, is another type of medical care directive. It is a document that allows you to name a person to oversee your medical care and make health care decisions for you if you ever become unable to do so.
Every state has different laws and requirements for properly executing an end-of-life or medical care document. Below, you will find a list of the living wills laws for all 50 states and the District of Columbia. You can also use our state-specific, easy-to-use living will form to help you get started.
| State | Overview | Citation |
| Alabama | Advance directive for health care requires two witnesses at least 19 years old. Not valid if pregnant. | |
Alaska |
Living will requires no witnesses. Two witnesses are required for a "health care proxy," but this allows only general medical decisions to be made | |
Arizona |
One witness or a notary is required for a living will, as well as for a health care power of attorney. Arizona also maintains an "Advance Care Directory," where you can file your documents with the state. | |
Arkansas |
Both living wills and health care proxies require two witnesses. Not valid if pregnant | |
California |
An advance health care directive and a durable power attorney require two witnesses OR a notary, but are not valid if pregnant. | |
Colorado |
Health care declaration (living will) requires two witnesses, but is not valid if pregnant. Medical durable power of attorney for health care does NOT require any witnesses or notary. | |
Connecticut |
Advance directive (inclusive of a living will, or an appointment of health care representative, or both) requires two witnesses. Not valid if pregnant. | |
Delaware |
Advance health-care directive (includes an individual instruction or a power of attorney for health care, or both) requires two witnesses. |
|
District of Columbia |
Health care declaration (living will) requires two witnesses. |
|
Florida |
Two witnesses are required for both a health care advance directive (living will) and the designation of a health care surrogate. At least one of the witnesses cannot be a spouse or a blood relative. | |
Georgia |
Advance directive for health care (living will) require two witnesses. Not valid if pregnant. |
|
Hawaii |
Advance health-care directive, or a power of attorney for health care, require two witnesses OR a notary. Not valid if pregnant. | |
Idaho |
No witnesses required for a "Living Will and Durable Power of Attorney for Health Care." Not valid if pregnant. Optional submission to state registry. | |
Illinois |
Health care declaration (living will) requires two witnesses. Not valid if pregnant. One witness is required for power of attorney for health care. | |
Indiana |
Both a living will declaration and a life prolonging procedures will declaration require two witnesses. Not valid if pregnant. Appointment of health care representative requires one witness. |
|
Iowa |
Two witnesses OR a notary are required for a living will. Not valid if pregnant. Power of attorney for health care requires two witnesses or notary. | |
Kansas |
Two witnesses or a notary are required for a living will or durable power of attorney. | |
Kentucky |
Advance directive, section two (2) requires two witnesses or notary. Not valid if pregnant. | |
Louisiana |
Both living will and health care proxy require two witnesses. May register living will document with End of Life Registry maintained by the Secretary of State. |
Title 40, §§1299.58.1. to 1299.58.10 |
Maine |
Advance health care directives require two witnesses. |
|
Maryland |
Advance medical directive health care instructions require two witnesses. Appointment of health care agents also require two witnesses. |
|
Massachusetts |
Massachusetts law allows people to make their own Health Care Proxies, but does not officially recognize Living Wills. Two witnesses are required for a health care proxy. |
|
Michigan |
No state law for a living will, no state law, therefore are no formal requirements. Strongly recommended the document be entitled, "Living Will;” be dated; signed by you; and signed by two witnesses who are not family members. Two witnesses are required for Designation of Patient Advocate for Health Care. |
|
Minnesota |
Two witnesses notary or are required for a living will. Not valid if pregnant. Two witnesses or a notary are required for durable power of attorney for health care. |
|
Mississippi |
Advance health care directive (living will and health care proxy included on same form) requires two witnesses or a notary. |
|
Missouri |
Two witnesses required for a living will, but is not valid if pregnant. Durable power of attorney for health care requires a notary or two witnesses. The notary acknowledgment is required by Missouri |
|
Montana |
Two witnesses required for a living will/advance directive. You may also store your advance directive in the End-of-Life Registry maintained by the State of Montana. |
|
Nebraska |
Two witnesses or a notary required for a living will advance directive. |
|
Nevada |
Two witnesses required for a living will. Durable power of attorney for health care decisions requires a notary if you are granting your agent power to direct your burial or cremation, if not then you only need two witnesses. You may also store your advance directive in the Living Will Lockbox maintained by the State of Nevada. |
|
New Hampshire |
Advance directive and durable power of attorney requires a notary OR two witnesses. |
|
New Jersey |
Either instruction directive, or appointment of a health care representative requires two witnesses or a notary public. |
|
New Mexico |
No witnesses are required for either an advance health care directive or durable power of attorney, but it may be helpful to do so in case your advance health care directive is ever challenged. |
|
New York |
Two witnesses required for a living will and health care proxy. |
|
North Carolina |
Two witnesses and a notary public are required for a living will and health care power of attorney. Not valid if pregnant. |
|
North Dakota |
Two witnesses or a notary public required for a living will and a durable power of attorney for health care. Not valid if pregnant. |
|
Ohio |
Two witnesses or a notary are required for a living will, but it is not valid if pregnant unless pregnancy won't develop to a live birth. Durable power of attorney for health care requires a notary or two witnesses. |
|
Oklahoma |
Two witnesses required for a living will, but it is not valid if pregnant. Appointment of health care proxy requires two witnesses. |
|
Oregon |
Advance directive requires two witnesses. |
§§127.505 to 127.660, and §§127.995 |
Pennsylvania |
Two witnesses are required for a living will needs, but it is not valid if pregnant. |
|
Rhode Island |
Two witnesses required for a living will, but it is not valid if pregnant and if the fetus could develop for a live birth. Durable power of attorney for health care requires two witnesses or a notary. |
|
South Carolina |
A living will requires two witnesses and a notary. Health care power of attorney requires two witnesses. |
|
South Dakota |
Two witnesses are required for a living will or durable power of attorney for health care. Not valid if pregnant. |
|
Tennessee |
Two witnesses or a notary are required for an advance directive or appointment of a health care agent. |
|
Texas |
Directive to physicians/living will requires two witnesses or a notary public, but is not valid if pregnant. Durable power of attorney for health care requires two witnesses. |
|
Utah |
Advance health care directive requires one witness and can be oral or written Not valid if pregnant. |
|
Vermont |
Advance medical directive requires two witnesses. You may also store a copy of your advance medical directive in an online registry provided to you by the Vermont Department of Health. |
|
Virginia |
Advance medical directive requires two witnesses. |
|
Washington |
Health care directive requires two witnesses, but is not valid if pregnant. Durable power of attorney for health care does not require, but does recommend witnesses. |
|
West Virginia |
Two witnesses and a notary are required for a living will. Medical power of attorney for health care also requires two witnesses and a notary. |
|
Wisconsin |
Declaration to physicians (living will) requires two witnesses, but is not valid if pregnant. Power of attorney for health care requires two witnesses. |
|
Wyoming |
Two witnesses OR a notary are required for a living will, but is not valid if pregnant. Durable power of attorney for health care requires two witnesses OR a notary. |
Additional Resources
- Sample Living Will With Designation of Surrogate
- Selecting Your Health Care Agent
- Estate Planning Help
You can also visit FindLaw's Living Wills section to learn more.
Learn More About Your State's Living Wills Laws: Contact a Lawyer
If you are drafting a living will, advance directive, or other health care directive, you'll want to give yourself the peace of mind of knowing that it's being drafted correctly and in compliance with the laws of your jurisdiction. Contact a local estate planning attorney to learn how they can help ensure that your wishes are clear in times of crisis.
Can I Solve This on My Own or Do I Need an Attorney?
- DIY is possible in some simple cases
- Cases with complex health care decisions or families are rarely cut and dry
- Attorneys offer tailored advice and answer your legal questions
- Many attorneys offer free consultations
