Advance Directives are Legally Valid

• While you do not need a lawyer to fill out an advance directive, your advance directive becomes legally valid as soon as you sign them in front of the required witnesses. 
• However, they normally do not go into effect unless you are unable to make your own decisions and each state establishes its own guidelines for when advance directives become operative.
  • Living will 
    In most states, before your living will can guide medical decision-making two physicians must certify:
    • You are unable to make medical decisions,
    • You are in the medical condition specified in the state's living will law (such as "terminal illness" or "permanent unconsciousness"),
    • Other requirements also may apply, depending upon the state.
  • Medical power of attorney
    • Most medical powers of attorney go into effect when your physician concludes that you are unable to make your own medical decisions.
    • If you regain the ability to make decisions, your agent cannot continue to act for you.
    • Many states have additional requirements that apply only to decisions about life- sustaining medical treatments.
    • For example, before your agent can refuse a life-sustaining treatment on your behalf, a second physician may have to confirm your doctor's assessment that you are incapable of making treatment decisions

Where Can I Get Advance Directives?

The National Hospice and Palliative Care Organization provides free advance directives for each state. 

The advance directive forms are based on the state law of the state in which you reside.  The instructions for completing these forms are intended to inform you about state law in the state you select and should not be construed as legal advice.  You do not need an attorney to complete these forms, however, you may determine that you need more assistance than is presented in the form and the instructions.

The information and documents are provided on an "as is" basis, without warranty. NHPCO shall not have any liability to any person or entity with regard to any liability, loss or damage caused or alleged to be caused directly or indirectly by the information provided.

Special Note: Federal health care privacy law, HIPAA, does not require changes to existing Advance Directives, including Living Wills, Proxies and Health Care Powers of Attorney.

NHPCO provides free state-specific advance directive documents and instructions that can be opened as a PDF file.  If you have any questions feel free to call our HelpLine at 800/658-8898.