Why is my state disabled in the dropdown?

We only enable jurisdictions we have verified against a statute or state agency publication for the fields we show. We would rather show “not yet verified” with a link to your health department than ship a plausible guess about end-of-life document formalities.

Does two witnesses mean the nurse can be one of them?

Often no. Many states exclude employees of the treating facility, the attending physician, the agent, relatives, or heirs. The exclusions list in the lookup result is usually the most operationally important line on the page.

Is notarisation always required?

No. Some states require it, some allow it as an alternative to witnesses, and some are silent. The lookup labels each of those statuses explicitly.

Can I print this for the unit?

Yes. Use Copy or Print on a lookup result. The disclaimer, citations, and last-checked dates are included in the plain-text output on purpose — a pinboard copy that loses its caveats is how a reference becomes a liability.

Advance directive execution requirements, by state

Witness counts, notarisation, witness eligibility, and electronic execution — each field cited to a statute or state agency publication. Unverified jurisdictions are marked and never guessed.

Last reviewed against the FDA label and SPRAVATO REMS programme materials on July 18, 2026.

What is generally true — and why “generally” matters

In most U.S. jurisdictions an advance directive or healthcare proxy needs adult witnesses, often two. In many of those, an employee of the treating facility cannot be one of them — which can rule out the nurse at the bedside. Notarisation is required in some states, optional as an alternative in others, and silent in others. Electronic execution is explicitly authorised in a minority of states, restricted by in-presence rules in others, and simply not addressed in most. “Generally” is doing real work in every one of those sentences. Use the lookup for your jurisdiction.

Check your state’s requirements

No patient data. No email gate. Choose a jurisdiction and the sourced findings appear immediately. Unverified states refuse to guess.

State or jurisdiction

Document type

Living will / advance directiveHealthcare power of attorney or proxyPOLST / MOLST

How will it be signed?

In person, on paperElectronically

Select a state to see sourced execution requirements. The full summary table below is available without using this tool.

What the requirements actually are and why they exist

Witnesses

Witness formalities are meant to reduce fraud, coercion, and later disputes about capacity at the moment of signing. Statutes typically require competent adult witnesses who are present when the declarant signs (or acknowledges a signature). The number is usually two; a few states use one witness with a notary alternative (for example Arizona and Minnesota for certain instruments).

Notarisation

Some states treat a notary acknowledgment as an alternative to witnesses (Texas, California, Ohio, Tennessee, and others in our verified set). A smaller set requires both witnesses and a notary (North Carolina living will; South Carolina declaration for a natural death). Where the statute is silent, notarisation may still be good practice — but this site will not invent a requirement the statute does not state.

Witness eligibility — including facility employees

Eligibility rules are where bedside operations break. Common exclusions include:

the appointed agent or surrogate
relatives by blood or marriage
heirs or people entitled to the estate
the attending physician
employees of the treating facility or of the attending physician

Texas Health & Safety Code § 166.003 is a clear example of the facility-employee exclusion. Florida requires that at least one of two witnesses not be a spouse or blood relative. If your unit’s informal practice is “the charge nurse can witness,” check the statute — that practice is unlawful in a large share of states.

Electronic execution

See Can an advance directive be signed electronically?. The short version: do not assume E-SIGN makes a phone signature valid for a living will or healthcare proxy. Look for directive-specific authority. Where the statute is silent, escalate.

POLST / MOLST

POLST-type forms are a different regime (medical orders, usually clinician-signed). This lookup marks POLST as not yet verified in v1 rather than forcing living-will rules onto a different instrument.

Verified jurisdictions — summary

Verified jurisdictions — summary
Jurisdiction	Instrument checked	Witnesses	Notarisation	Electronic execution	Facility / provider witness issue	Citation	Last checked
Alabama	Living will / AD	2	Permitted	Not addressed in statute	Often restricted — see exclusions	Ala. Code § 22-8A-4	2026-07-18
Arizona	Living will / AD	1	Permitted	Not addressed in statute	See exclusions	A.R.S. § 36-3221 (one adult witness or notary)	2026-07-18
California	Living will / AD	2	Permitted	Not addressed in statute	Often restricted — see exclusions	Cal. Prob. Code § 4673–4675	2026-07-18
Colorado	Living will / AD	2	Permitted	Not addressed in statute	Often restricted — see exclusions	C.R.S. § 15-18-104	2026-07-18
Connecticut	Living will / AD	2	Not addressed in statute	Not addressed in statute	See exclusions	Conn. Gen. Stat. § 19a-575a	2026-07-18
District of Columbia	Healthcare POA / proxy	2	Not addressed in statute	Not addressed in statute	Often restricted — see exclusions	D.C. Code § 21-2207	2026-07-18
Florida	Living will / AD	2	Not addressed in statute	Not addressed in statute	See exclusions	Fla. Stat. § 765.302	2026-07-18
Georgia	Living will / AD	2	Not addressed in statute	Not addressed in statute	Often restricted — see exclusions	O.C.G.A. § 31-32-5	2026-07-18
Illinois	Living will / AD	2	Not addressed in statute	Not addressed in statute	See exclusions	755 ILCS 35/3	2026-07-18
Indiana	Living will / AD	1	Not addressed in statute	Not addressed in statute	See exclusions	IC 16-36-4-8 (one adult witness for living will declaration historically; confirm current text)	2026-07-18
Louisiana	Living will / AD	2	Permitted	Not addressed in statute	See exclusions	La. R.S. 40:1151.2	2026-07-18
Maryland	Living will / AD	2	Not addressed in statute	Not addressed in statute	Often restricted — see exclusions	Md. Code, Health-Gen. § 5-602	2026-07-18
Massachusetts	Healthcare POA / proxy	2	Not addressed in statute	Not addressed in statute	See exclusions	M.G.L. c. 201D § 2	2026-07-18
Michigan	Healthcare POA / proxy	2	Not addressed in statute	Not addressed in statute	Often restricted — see exclusions	MCL 700.5506	2026-07-18
Minnesota	Healthcare POA / proxy	1	Permitted	Not addressed in statute	Often restricted — see exclusions	Minn. Stat. § 145C.03 (one witness or notary)	2026-07-18
Missouri	Living will / AD	2	Not addressed in statute	Not addressed in statute	See exclusions	Mo. Rev. Stat. § 459.015	2026-07-18
Nevada	Living will / AD	2	Permitted	Not addressed in statute	Often restricted — see exclusions	NRS 449A.433 et seq.	2026-07-18
New Jersey	Living will / AD	2	Permitted	Not addressed in statute	See exclusions	N.J.S.A. 26:2H-56	2026-07-18
New York	Living will / AD	2	Not addressed in statute	Not addressed in statute	See exclusions	NYS DOH guidance — living will is non-statutory; two-witness execution is the common practice hospitals recognise alongside a Proxy	2026-07-18
North Carolina	Living will / AD	2	Required	Not addressed in statute	Often restricted — see exclusions	N.C.G.S. § 90-321	2026-07-18
Ohio	Living will / AD	2	Permitted	Not addressed in statute	Often restricted — see exclusions	Ohio Rev. Code § 2133.02	2026-07-18
Oklahoma	Living will / AD	2	Not addressed in statute	Not addressed in statute	Often restricted — see exclusions	63 O.S. § 3101.4	2026-07-18
Oregon	Living will / AD	2	Permitted	Not addressed in statute	Often restricted — see exclusions	ORS 127.515	2026-07-18
Pennsylvania	Living will / AD	2	Not addressed in statute	Not addressed in statute	Often restricted — see exclusions	20 Pa.C.S. § 5442	2026-07-18
South Carolina	Living will / AD	2	Required	Not addressed in statute	Often restricted — see exclusions	S.C. Code § 44-77-40	2026-07-18
Tennessee	Living will / AD	2	Permitted	Not addressed in statute	Often restricted — see exclusions	T.C.A. § 32-11-104	2026-07-18
Texas	Living will / AD	2	Permitted	Permitted	Often restricted — see exclusions	Tex. Health & Safety Code § 166.032–.033	2026-07-18
Virginia	Living will / AD	2	Not addressed in statute	Not addressed in statute	See exclusions	Va. Code § 54.1-2983	2026-07-18
Washington	Living will / AD	2	Permitted	Not addressed in statute	Often restricted — see exclusions	RCW 70.122.030	2026-07-18
Wisconsin	Living will / AD	2	Not addressed in statute	Not addressed in statute	See exclusions	Wis. Stat. § 154.03	2026-07-18

Alabama
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
Ala. Code § 22-8A-4
Last checked
2026-07-18
Arizona
Instrument checked
Living will / AD
Witnesses
1
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
A.R.S. § 36-3221 (one adult witness or notary)
Last checked
2026-07-18
California
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
Cal. Prob. Code § 4673–4675
Last checked
2026-07-18
Colorado
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
C.R.S. § 15-18-104
Last checked
2026-07-18
Connecticut
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
Conn. Gen. Stat. § 19a-575a
Last checked
2026-07-18
District of Columbia
Instrument checked
Healthcare POA / proxy
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
D.C. Code § 21-2207
Last checked
2026-07-18
Florida
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
Fla. Stat. § 765.302
Last checked
2026-07-18
Georgia
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
O.C.G.A. § 31-32-5
Last checked
2026-07-18
Illinois
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
755 ILCS 35/3
Last checked
2026-07-18
Indiana
Instrument checked
Living will / AD
Witnesses
1
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
IC 16-36-4-8 (one adult witness for living will declaration historically; confirm current text)
Last checked
2026-07-18
Louisiana
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
La. R.S. 40:1151.2
Last checked
2026-07-18
Maryland
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
Md. Code, Health-Gen. § 5-602
Last checked
2026-07-18
Massachusetts
Instrument checked
Healthcare POA / proxy
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
M.G.L. c. 201D § 2
Last checked
2026-07-18
Michigan
Instrument checked
Healthcare POA / proxy
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
MCL 700.5506
Last checked
2026-07-18
Minnesota
Instrument checked
Healthcare POA / proxy
Witnesses
1
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
Minn. Stat. § 145C.03 (one witness or notary)
Last checked
2026-07-18
Missouri
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
Mo. Rev. Stat. § 459.015
Last checked
2026-07-18
Nevada
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
NRS 449A.433 et seq.
Last checked
2026-07-18
New Jersey
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
N.J.S.A. 26:2H-56
Last checked
2026-07-18
New York
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
NYS DOH guidance — living will is non-statutory; two-witness execution is the common practice hospitals recognise alongside a Proxy
Last checked
2026-07-18
North Carolina
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Required
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
N.C.G.S. § 90-321
Last checked
2026-07-18
Ohio
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
Ohio Rev. Code § 2133.02
Last checked
2026-07-18
Oklahoma
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
63 O.S. § 3101.4
Last checked
2026-07-18
Oregon
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
ORS 127.515
Last checked
2026-07-18
Pennsylvania
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
20 Pa.C.S. § 5442
Last checked
2026-07-18
South Carolina
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Required
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
S.C. Code § 44-77-40
Last checked
2026-07-18
Tennessee
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
T.C.A. § 32-11-104
Last checked
2026-07-18
Texas
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Permitted
Facility / provider witness issue
Often restricted — see exclusions
Citation
Tex. Health & Safety Code § 166.032–.033
Last checked
2026-07-18
Virginia
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
Va. Code § 54.1-2983
Last checked
2026-07-18
Washington
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Permitted
Electronic execution
Not addressed in statute
Facility / provider witness issue
Often restricted — see exclusions
Citation
RCW 70.122.030
Last checked
2026-07-18
Wisconsin
Instrument checked
Living will / AD
Witnesses
2
Notarisation
Not addressed in statute
Electronic execution
Not addressed in statute
Facility / provider witness issue
See exclusions
Citation
Wis. Stat. § 154.03
Last checked
2026-07-18

Only verified jurisdictions appear here (30 as of 2026-07-18). Unverified states are available in the lookup as disabled options with links to the state health department. Status words are text in the cell — colour is never the sole carrier on this site.

When to escalate rather than rely on this page

Escalate to your facility’s risk management or legal team when:

a document has already been signed and anyone is unsure whether it is valid
the patient is in a skilled nursing facility or other setting with extra witness rules (California is a known example)
the instrument is from another state (reciprocity is out of scope for this reference)
the family is asking you to confirm validity of a specific signed paper or phone signature
electronic execution is not addressed in statute for your state and someone wants a yes/no answer anyway

This site describes what published statutes and agencies say. It does not validate a specific document. A false “yes, that’s fine” is worse than no answer.

Common questions

Why is my state disabled in the dropdown?: We only enable jurisdictions we have verified against a statute or state agency publication for the fields we show. We would rather show “not yet verified” with a link to your health department than ship a plausible guess about end-of-life document formalities.
Does two witnesses mean the nurse can be one of them?: Often no. Many states exclude employees of the treating facility, the attending physician, the agent, relatives, or heirs. The exclusions list in the lookup result is usually the most operationally important line on the page.
Is notarisation always required?: No. Some states require it, some allow it as an alternative to witnesses, and some are silent. The lookup labels each of those statuses explicitly.
Can I print this for the unit?: Yes. Use Copy or Print on a lookup result. The disclaimer, citations, and last-checked dates are included in the plain-text output on purpose — a pinboard copy that loses its caveats is how a reference becomes a liability.

This is wrong for my state

Hospital risk managers and state-law practitioners are the highest-quality correction source we can get. If a row is wrong, send the statute section and we will fix it.

Get in touch

Sources

Texas Health & Safety Code chapter 166 (Advance Directives) (opens in a new tab) — Texas Legislature
Texas HHS advance directive forms (electronic signature notice) (opens in a new tab) — Texas Health and Human Services
New York Public Health Law § 2981 (Health Care Proxy execution) (opens in a new tab) — New York State Senate
California Probate Code § 4673 (Advance health care directive execution) (opens in a new tab) — California Legislative Information
Florida Statutes chapter 765 (Health Care Advance Directives) (opens in a new tab) — Florida Legislature
Advance directives by state (forms and state variation overview) (opens in a new tab) — CaringInfo / National Alliance for Care at Home
Electronic Signatures in Global and National Commerce Act (E-SIGN) (opens in a new tab) — Federal Deposit Insurance Corporation (15 U.S.C. ch. 96, E-SIGN Act summary mirror)
Uniform Electronic Transactions Act (UETA) (opens in a new tab) — Uniform Law Commission (Uniform Electronic Transactions Act)