Do living wills and designation of health surrogate forms need to be notarized? 30 Answers as of January 10, 2013

Do living wills and designation of health surrogate forms need to be notarized?

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The Taylor Law Office L.L.C.
The Taylor Law Office L.L.C. | Ian A. Taylor
Depends on the state. If you were in SC, you can use a Health care power of attorney, living will or health surrogate (Adult healthcare consent form). The power of attorney and living will are produced by statute so there is a statutory form. The consent form is outlined by the state, but hospitals and healthcare facilities will generally make a form that conforms to the law. The living will must be notarized. In fact, if the principal is living in an assisted living facility, one of the witnesses must be a state ombudsman. The power of attorney does not need to be notarized. Consent form depends on the facility that created it, but it is usually not required. If you find forms on line in your state, you should make sure that they are produced from the statute that authorizes their use. An attorney can help draft, explain and execute a HCPOA, living will or consent form if needed.
Answer Applies to: South Carolina
Replied: 1/10/2013
Victor Varga | Victor Varga
What does the form say? Generally LW's don?t, but POA's do.
Answer Applies to: Maryland
Replied: 1/10/2013
Halloran & Sage | Vincent A. Liberti
This depends upon the laws of the state where they are executed.
Answer Applies to: Connecticut
Replied: 1/4/2013
Danville Law Group | Scott Jordan
Yes to both.
Answer Applies to: California
Replied: 1/4/2013
SmartWills
SmartWills | Scott Pesetsky
Usually not. In California, witnessing is also valid, but see an attorney if you have a questions, as there are some specific rules for special circumstances, and number of witnesses, types of witnesses, etc.
Answer Applies to: California
Replied: 1/4/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    In Oregon, the form of "living will" and designation of a health care representative is called the Advance Directive. The form is set out by statute, and it has particular requirements for witnessing but does not call for a notary.
    Answer Applies to: Oregon
    Replied: 1/4/2013
    Frederick & Frederick PLC | James P Frederick
    No. This is not required. You should keep in mind that Living Wills are not legally recognized in Michigan. Individual doctors and hospitals could choose to honor them, but many will not.
    Answer Applies to: Michigan
    Replied: 1/3/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    It is my practice, to have the Advance Healthcare Directive and the Trust notarized for the client protection. The trust (living will) must be notarized, the Advance Healthcare Directive does not. But don't be cheap here, and be prepared to pay the notary fees.
    Answer Applies to: California
    Replied: 1/3/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Neither have to be notarized, however it must be signed in the front of two witnesses, neither of which can be the surrogate.
    Answer Applies to: Florida
    Replied: 1/3/2013
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    A notary is not necessary but it is usually a good idea to have one sign with the witnesses.
    Answer Applies to: Georgia
    Replied: 1/3/2013
    Woolley Wilson, LLP
    Woolley Wilson, LLP | William R. Wilson
    Generally yes or witnessed by two disinterested persons.
    Answer Applies to: Texas
    Replied: 1/3/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    In Nevada, a living will needs to have two witnesses. A power of attorney for healthcare requires two witnesses or a notary.
    Answer Applies to: Nevada
    Replied: 1/3/2013
    TrustCounsel | Gregory Herman-Giddens
    Yes, and witnessed. North Carolina has very specific requirement and statutory forms that meet the requirements.
    Answer Applies to: North Carolina
    Replied: 1/3/2013
    Edward L. Armstrong, P.C. | Edward L. Armstrong
    Living Wills and Health Care Surrogate Appointments should be notarized.
    Answer Applies to: Missouri
    Replied: 1/2/2013
    Law Offices Of Goldy Berger
    Law Offices Of Goldy Berger | Goldy M. Berger
    Yes, they both need to be notarized.
    Answer Applies to: California
    Replied: 1/2/2013
    The Law Offices of Ralph W. Flick, P.S.
    The Law Offices of Ralph W. Flick, P.S. | Ralph W. Flick
    Healthcare directives, in Washington, are covered by RCW 70.122.030 which provides a form that you can use. Notarization is not required by law, but as a practical matter, it is a good idea to insure that the hospital will accept it. Note that the law does require two witnesses that must meet certain criteria (see below): The directive shall be signed by the declarer in the presence of two witnesses not related to the declarer by blood or marriage and who would not be entitled to any portion of the estate of the declarer upon declarer's decease under any will of the declarer or codicil thereto then existing or, at the time of the directive, by operation of law then existing. In addition, a witness to a directive shall not be the attending physician, an employee of the attending physician or a health facility in which the declarer is a patient, or any person who has a claim against any portion of the estate of the declarer upon declarer's decease at the time of the execution of the directive. This is for general informational purposes and does not constitute legal advice. You should seek the advice of competent counsel before making any decisions affecting your legal rights. Thank you,
    Answer Applies to: Washington
    Replied: 1/3/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    The forms I use require a notarized signature, along with two neutral witnesses.
    Answer Applies to: California
    Replied: 1/2/2013
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