How to Make Your Power of Attorneys & Health Care Directives Valid in Your State
Welcome to the next step of securing your legacy! With your power of attorney or health care directive in hand, you're on the verge of ensuring its legal execution according to your state's regulations. Remember, each state holds the power to establish its laws within certain parameters. In the following sections, you'll discover state-specific insights about signatures, document storage, execution procedures, and even who can draft such documents. Adhering to your state's rules is crucial to guarantee the legitimacy of your documents. Let's dive into the details!
Electronic Considerations
Digital signatures, electronic documents, and electronic notarization are emerging trends in the field of estate planning. Many states are increasingly embracing these technologies to varying extents. Due to the significant variations in state laws and their potential for rapid changes, we strongly recommend that you conduct thorough research to obtain the most current information relevant to your specific state. Here's what we can share with you:
With the exception of New York, which has established its own legislation to manage electronic documents, all other states have incorporated some form of the Uniform Electronic Transactions Act ("UETA") and the Electronic Signatures in Global and National Commerce Act ("E-SIGN"). These acts permit electronic transactions and the digital signing of documents. However, it's important to note that the application of these laws to estate planning documents differs from state to state.
Furthermore, many states have also adopted the Remote Online Notary ("RON") act. It's worth noting that Connecticut, California, Delaware, and Massachusetts have not yet adopted this act. Once again, the specifics of how these laws apply to estate planning documents can vary significantly from one state to another. We hope this information provides you with a useful starting point in your research.
Find your state below and click through to the information you need.
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Alabama
Alabama Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Alabama you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Alabama does not require that a power of attorney be signed in front of witnesses to be legally valid but it is recommended that the document be signed by two (2) witnesses.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Alabama requires a power of attorney to be notarized for it to be considered legally valid.
Alabama Health Care Directive
Principal: To be a principal (maker of the health care directive) in Alabama you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Alabama. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, directly financially responsible for the medical care of the principal, or the alternate signer (if applicable).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid UNLESS the agent has the power to direct a burial or cremation.
Alaska
Alaska Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Alaska you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Alaska requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid. Witnesses should be present at the signing of the power of attorney. They should be over 18 and it is common practice for them not to be beneficiaries mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Alaska requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid.
Alaska Health Care Directive
Principal: To be a principal (maker of the health directive) in Alaska you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Alaska. They must both be present during the signing of the health care directive. These witnesses cannot be the appointed agent, a healthcare provider, or employee of the health care institution where the principal is receiving care. At least one witness cannot be related to the principal by blood or be a beneficiary or heir in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid but can be used INSTEAD of two (2) witnesses. A health care directive MUST be notarized if the agent is granted power to direct the burial and cremation of the principal.
Arizona
Arizona Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Arizona you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: At least one (1) witness is typically required to sign a power of attorney to make it legally valid in Arizona. Witnesses should be present at the signing of the power of attorney and cannot be the appointed agent. They should be over 18 and it is common practice for them not to be beneficiaries mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Arizona requires a power of attorney to be notarized for it to be considered legally valid.
Arizona Health Care Directive
Principal: To be a principal (maker of the health directive) in Arizona you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: At least one (1) witness is typically required to sign a healthcare directive to make it legally valid in Arizona. Witnesses must be present during the signing of the health care directive. Witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, directly financially responsible for the medical care of the principal, or involved with your healthcare at the time of signing.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid but can be used INSTEAD of the witness requirement.
Arkansas
Arkansas Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Arkansas you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required for a power of attorney to be legally valid in Arkansas.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Arkansas requires a power of attorney to be notarized for it to be considered legally valid.
Arkansas Health Care Directive
Principal: To be a principal (maker of the health directive) in Arkansas you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Arkansas requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. Witnesses must be 18 years old. Witnesses cannot be the appointed agent, related to the principal by blood, marriage, or adoption, or be beneficiaries in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: Arkansas requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid.
California
California Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in California you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: California requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid. Witnesses should be present at the signing of the power of attorney and cannot be the appointed agent. They should be over 18 and it is common practice for them not to be beneficiaries mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: California requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid. For a power of attorney in which the agent has authority over real estate transactions, California requires the power of attorney to be notarized.
California Health Care Directive
Principal: To be a principal (maker of the health directive) in California you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in California. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the healthcare provider or employee of the healthcare provider of the principal, the operator or employee of a community care or residential care facility, or the appointed agent. At least one of the witnesses cannot be related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will. If the principal is a patient in a skilled nursing facility at the time of execution, one of the witnesses must be a patient advocate.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid but can be used INSTEAD of the witness requirement.
Colorado
Colorado Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Colorado you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Colorado.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Colorado does not require a power of attorney to be notarized for it to be considered legally valid, however, legal professionals strongly recommend notarizing your POA for an added level of security. Note that many financial institutions will not recognize a power of attorney if it is not notarized.
Colorado Health Care Directive
Principal: To be a principal (maker of the health directive) in Colorado you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Colorado. These witnesses must be present during the signing of the health care directive. These witnesses cannot be someone signing on behalf of the principal, a physician, an employee of the principal’s care facility, the appointed agent, beneficiaries or heirs mentioned in the will, or someone with a claim against the estate of the principal. If the principal is a patient of a facility at the time of signing, another patient of said facility may not be a witness.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid but can be used for an additional layer of security.
Connecticut
Connecticut Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Connecticut you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Connecticut requires that two (2) witnesses sign a power of attorney to make it legally valid. Witnesses should be present at the signing of the power of attorney and cannot be the appointed agent. They should be over 18 and it is common practice for them not to be beneficiaries mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Connecticut requires a power of attorney to be notarized for it to be considered legally valid.
Connecticut Health Care Directive
Principal: To be a principal (maker of the health directive) in Connecticut you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Connecticut. These witnesses must be present during the signing of the health care directive. While the law does not restrict who may be a witness, it is recommended that the witnesses be at least 18 years old and be someone other than the appointed agent. It is common practice for witnesses to not be beneficiaries mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Delaware
Delaware Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Delaware you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: At least one (1) witness is required to sign a power of attorney to make it legally valid in Delaware. Witnesses should be present at the signing of the power of attorney and cannot be the appointed agent. They should be over 18 and it is common practice for them not to be beneficiaries mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Delaware requires a power of attorney to be notarized for it to be considered legally valid.
Delaware Health Care Directive
Principal: To be a principal (maker of the health directive) in Delaware you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Delaware. These witnesses must be present during the signing of the health care directive. These witnesses cannot be under 18, the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, directly financially responsible for the medical care of the principal, or an owner, operator, or employee of a residential long-term health care institution in which the principal is a resident. If the principal is a long-term care facility, one of the witnesses must be a patient advocate.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
District of Columbia
District of Columbia Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in District of Columbia you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in the District of Columbia.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: District of Columbia requires a power of attorney to be notarized for it to be considered legally valid.
District of Columbia Health Care Directive
Principal: To be a principal (maker of the health directive) in District of Columbia you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in District of Columbia. These witnesses must be present during the signing of the health care directive. These witnesses must be over 18, and cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, directly financially responsible for the medical care of the principal, or the alternate signer (if applicable). If the principal is a patient at a long-term care facility, one of the witnesses must be a patient advocate.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Florida
Florida Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Florida you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are required to sign a power of attorney to make it legally valid in Florida. These witnesses must be present at the time of signing and cannot be the appointed agent. It is common practice for these witnesses to be over the age of 18 and not be beneficiaries or heirs mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Florida requires a power of attorney to be notarized for it to be considered legally valid.
Florida Health Care Directive
Principal: To be a principal (maker of the health directive) in Florida you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Florida. These witnesses must be present during the signing of the health care directive. At least one of the witnesses cannot be related to the principal by marriage or by blood. It is common practice for all witnesses to be over the age of 18 and not be beneficiaries mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Georgia
Georgia Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Georgia you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: One (1) witness is typically required to sign a power of attorney to make it legally valid in Georgia. This witness should be present at the signing of the power of attorney and cannot be the appointed agent or the notary public. It is common practice for witnesses to be over the age of 18 and not be beneficiaries or heirs mentioned in the will of the principal.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Georgia requires a power of attorney to be notarized for it to be considered legally valid.
Georgia Health Care Directive
Principal: To be a principal (maker of the health directive) in Georgia you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Georgia. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent, beneficiaries or heirs mentioned in the will, a healthcare provider to the principal, or the alternate signer (if applicable). Only one witness can be an employee, agent, or staff member of the facility where the principal is receiving care (this witness is still disallowed from being directly involved in the principal’s healthcare).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Hawaii
Hawaii Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Hawaii you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Hawaii does not require a power of attorney to be signed by witnesses to be legally valid.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Hawaii requires that a power of attorney be notarized in order to be legally valid.
Hawaii Health Care Directive
Principal: To be a principal (maker of the health directive) in Hawaii you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Hawaii requires that an advance health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent, a health care provider, an employee of a health care provider facility, or the alternate signer (if applicable). At least one of the witnesses cannot be related to the principal by blood, adoption, or marriage or be a beneficiary or heir of the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: Hawaii requires that an advanced health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. A health care directive MUST be notarized if the agent is granted power to direct the burial and cremation of the principal.
Idaho
Idaho Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Idaho you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Idaho does not require that a power of attorney be signed in front of witnesses to be legally valid.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: In order for a power of attorney’s signatures to be considered genuine, Idaho requires that a power of attorney be notarized. Notarization is mandatory if the agent has power over real estate transactions.
Idaho Health Care Directive
Principal: To be a principal (maker of the health directive) in Idaho you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Although Idaho does not require that a health care directive be witnessed, it is highly recommended that two (2) witnesses sign a healthcare directive to make it. These witnesses should be over 18 and not be beneficiaries of the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Illinois
Illinois Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Illinois you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: One (1) witness is typically required to sign a power of attorney to make it legally valid in Illinois. This witness should be present at the signing of the power of attorney. It is common practice for witnesses to be over the age of 18 and not be beneficiaries or heirs mentioned in the will of the principal.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Illinois requires a power of attorney to be notarized for it to be considered legally valid.
Illinois Health Care Directive
Principal: To be a principal (maker of the health directive) in Illinois you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Illinois. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, directly financially responsible for the medical care of the principal, or the alternate signer (if applicable).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Indiana
Indiana Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Indiana you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Indiana requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid. These witnesses are required to sign a power of attorney to make it legally valid in Florida. These witnesses must be present at the time of signing and cannot be the appointed agent. It is common practice for these witnesses to be over the age of 18 and not be beneficiaries or heirs mentioned in the will. Witnesses also cannot be the spouse, child, or grandchild of the principal.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Indiana requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid.
Indiana Health Care Directive
Principal: To be a principal (maker of the health directive) in Indiana you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Indiana. These witnesses must be present during the signing of the health care directive. These witnesses must be over the age of 18, and cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, directly financially responsible for the medical care of the principal, or the alternate signer (if applicable).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Iowa
Iowa Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Iowa you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Iowa requires that a power of attorney be signed by two (2) witnesses. Witnesses must be present at the time of signing. Witnesses must be over 18 years of age, and not be beneficiaries or heirs mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Iowa requires that a power of attorney be notarized in order for it to be legally valid.
Iowa Health Care Directive
Principal: To be a principal (maker of the health directive) in Iowa you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Iowa requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. These witnesses must be present at the time of signing. It is common practice for these witnesses to be over the age of 18 and not be beneficiaries or heirs mentioned in the will. They cannot be the appointed healthcare agent, a health care provider, or an employee of the principal’s healthcare provider. Additionally, at least one (1) witness cannot be related to the principal by blood, marriage, or adoption within the third degree of consanguinity.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: Iowa requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid.
Kansas
Kansas Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Kansas you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Kansas requires that a power of attorney be signed by two (2) witnesses OR acknowledged before a notary. Witnesses must be over 18 years of age, and not be beneficiaries or heirs mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Kansas requires that a power of attorney be signed by two (2) witnesses OR acknowledged before a notary. It is recommended to notarize a power of attorney to ensure an added layer of security.
Kansas Health Care Directive
Principal: To be a principal (maker of the health directive) in Kansas you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Kansas requires that a health care directive be signed by two (2) witnesses OR notarized in order to be legally valid. These witnesses must be present at the time of signing. These witnesses must be over 18 and cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, directly financially responsible for the medical care of the principal, or the alternate signer (if applicable).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Kentucky
Kentucky Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Kentucky you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Since 2018, witnesses are no longer required to sign a power of attorney to make it legally valid in Kentucky.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Kentucky requires a power of attorney to be notarized for it to be considered legally valid.
Kentucky Health Care Directive
Principal: To be a principal (maker of the health directive) in Kentucky you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Kentucky requires that a health care directive be signed by two (2) witnesses OR notarized in order to be legally valid. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, the physician of the principal, an employee of the health care facility where the principle is a patient, directly financially responsible for the medical care of the principal, or the alternate signer (if applicable).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: Kentucky requires that a health care directive be signed by two (2) witnesses OR notarized in order to be legally valid.
Louisiana
Louisiana Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Louisiana you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a power of attorney to make it legally valid in Louisiana. Witnesses should be over the age of 18 and not beneficiaries or heirs in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Louisiana requires a power of attorney to be notarized for it to be considered legally valid. (Louisiana also requires that copies of the power of attorney be notarized).
Louisiana Health Care Directive
Principal: To be a principal (maker of the health directive) in Louisiana you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Louisiana. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, directly financially responsible for the medical care of the principal, or the alternate signer (if applicable).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Maine
Maine Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Maine you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Maine.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Maine requires a power of attorney to be notarized for it to be considered legally valid.
Maine Health Care Directive
Principal: To be a principal (maker of the health directive) in Maine you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Maine. Although Maine does not specifically restrict who may serve as a witness, it is common practice for witnesses to be over the age of 18, not be the appointed health care agent, and not be beneficiaries of the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Maryland
Maryland Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Maryland you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a power of attorney to make it legally valid in Maryland. These witnesses must be present at the time of signing and cannot be the appointed agent. It is common practice for these witnesses to be over the age of 18 and not be beneficiaries or heirs mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Maryland requires a power of attorney to be notarized for it to be considered legally valid.
Maryland Health Care Directive
Principal: To be a principal (maker of the health directive) in Maryland you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Maryland. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent. At least one (1) witness cannot be a beneficiary mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Massachusetts
Massachusetts Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Massachusetts you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a power of attorney to make it legally valid in Massachusetts. These witnesses must be present at the time of signing and cannot be the appointed agent. It is common practice for these witnesses to be over the age of 18 and not be beneficiaries or heirs mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: While Massachusetts does not technically require a power of attorney to be notarized for it to be considered legally valid, it is strongly recommended that POAs be notarized in order to ensure its validity. Also, most financial institutions will not recognize a power of attorney unless it is notarized.
Massachusetts Health Care Directive
Principal: To be a principal (maker of the health directive) in Massachusetts you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Massachusetts. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent. While Massachusetts law does not specify this, it is recommended for witnesses to not be beneficiaries or heirs mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Michigan
Michigan Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Michigan you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Michigan requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid. These witnesses must be present at the time of signing and cannot be the appointed agent. It is common practice for these witnesses to be over the age of 18 and not be beneficiaries or heirs mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Michigan requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid.
Michigan Health Care Directive
Principal: To be a principal (maker of the health directive) in Michigan you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Michigan. These witnesses must be present during the signing of the health care directive. Although Michigan law does not restrict who may be a witness, it is strongly recommended that witnesses be over 18 and not be the appointed agent or beneficiaries or heirs mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Minnesota
Minnesota Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Minnesota you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Minnesota.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Minnesota requires a power of attorney to be notarized for it to be considered legally valid.
Minnesota Health Care Directive
Principal: To be a principal (maker of the health directive) in Minnesota you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Minnesota requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid. The notary or witnesses cannot be the appointed health care agent. At least one of the witnesses cannot be the health care provider or an employee of the health care facility in which the principal is a patient. It is common practice for witnesses to be over 18 and not be beneficiaries mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: Minnesota requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid. The notary may not be the appointed health care agent.
Mississippi
Mississippi Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Mississippi you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Mississippi.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Mississippi requires a power of attorney to be notarized for it to be considered legally valid.
Mississippi Health Care Directive
Principal: To be a principal (maker of the health directive) in Mississippi you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Mississippi. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent, a health care provider, or an employee of a health care provider or facility. At least one witness cannot be related to the principal by blood or be a beneficiary or heir in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid but can be used INSTEAD of the witnesses requirements
Missouri
Missouri Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Missouri you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Missouri.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Missouri requires a power of attorney to be notarized for it to be considered legally valid.
Missouri Health Care Directive
Principal: To be a principal (maker of the health directive) in Missouri you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Missouri. These witnesses must be over 18 and not be the alternate signer (if applicable). It is common practice for witnesses to not be beneficiaries mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid UNLESS the agent is granted power to direct the burial and cremation of the principal.
Montana
Montana Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Montana you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Montana.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Montana requires a power of attorney to be notarized for it to be considered legally valid.
Montana Health Care Directive
Principal: To be a principal (maker of the health directive) in Montana you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Montana. Although Montana does not restrict who can be a witness, it is common practice for witnesses to be over 18, and not be the appointed agent, or beneficiaries or heirs mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Nebraska
Nebraska Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Nebraska you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Nebraska does not require that a power of attorney be signed by witnesses in order to be legally valid.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Nebraska requires that a power of attorney be notarized in order for it to be considered legally valid.
Nebraska Health Care Directive
Principal: To be a principal (maker of the health directive) in Nebraska you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Nebraska requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. Witnesses must be 18 years old. Witnesses cannot be an employee of a life or health insurance provider of the principal. Additionally, at least one (1) witness cannot be the director or employee of the principal’s treating health care provider. It is common practice for witnesses to not be the appointed agent or beneficiaries mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: Nebraska requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. A health care directive MUST be notarized if the agent is granted power to direct the burial and cremation of the principal.
Nevada
Nevada Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Nevada you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Nevada requires that a power of attorney be signed by two (2) witnesses. Witnesses must be present at the time of signing. Witnesses must be over 18 years of age, and not be beneficiaries or heirs mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Nevada requires that a power of attorney be notarized in order for it to be legally valid.
Nevada Health Care Directive
Principal: To be a principal (maker of the health directive) in Nevada you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Nevada. These witnesses must be present during the signing of the health care directive. Although Nevada does not restrict who can be a witness, it is recommended that witnesses be over 18, and not be the appointed agent or beneficiaries or heirs mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid UNLESS the agent is granted power to direct the burial and cremation of the principal.
New Hampshire
New Hampshire Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in New Hampshire you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in New Hampshire.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney. The agent is also required to complete and sign an acknowledgement form.
Notary: New Hampshire requires a power of attorney to be notarized for it to be considered legally valid.
New Hampshire Health Care Directive
Principal: To be a principal (maker of the health directive) in New Hampshire you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: New Hampshire requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. Witnesses should be over the age of 18, not be the appointed agent, the physician or advanced registered nurse practitioner (ARNP) or a person acting under the direction of either aforementioned, the spouse, or a beneficiary mentioned in the will. Additionally, no more than one (1) witness may be a health or residential care provider or employee.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: New Hampshire requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid.
New Jersey
New Jersey Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in New Jersey you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in New Jersey, however, it is highly recommended.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: New Jersey requires a power of attorney to be notarized for it to be considered legally valid.
New Jersey Health Care Directive
Principal: To be a principal (maker of the health directive) in New Jersey you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: New Jersey requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. These witnesses must be present during the signing of the health care directive. These witnesses must be over 18 and not be the appointed agent. It is common practice for the witnesses to not be beneficiaries mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: New Jersey requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid.
New Mexico
New Mexico Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in New Jersey you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in New Mexico.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: New Mexico requires a power of attorney to be notarized for it to be considered legally valid.
New Mexico Health Care Directive
Principal: To be a principal (maker of the health directive) in New Jersey you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Although the law does not technically require that the health care directive be witnessed, it is highly recommended. Witnesses should be over the age of 18, not be the appointed agent, or a beneficiary mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
New York
New York Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in New York you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are required to sign a power of attorney to make it legally valid in New York. The witness generally must be 18 years of age, and cannot be the agent, the notary, any relative by blood, or a third party who has plans to interact with the agent. The witness must have mental capacity and not be beneficiaries mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: New York requires a power of attorney to be notarized for it to be considered legally valid.
New York Health Care Directive
Principal: To be a principal (maker of the health directive) in New York you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in New York. These witnesses must be present during the signing of the health care directive. These witnesses must be over 18, and cannot be the appointed agent, or the alternate signer (if applicable). If the principal resides in a mental health facility, witnesses must meet additional requirements (ask the principal's health care provider for more details). It is common practice for the witnesses to not be a beneficiary mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
North Carolina
North Carolina Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in North Carolina you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: North Carolina does not require that a power of attorney be signed by witnesses in order to be legally valid.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: North Carolina requires a power of attorney to be notarized for it to be considered legally valid.
North Carolina Health Care Directive
Principal: To be a principal (maker of the health directive) in North Carolina you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in North Carolina. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, a licensed health care provider who is an employee of the principal’s physician or health facility, beneficiaries or heirs mentioned in the will, or a person with a claim against the principal’s estate.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: North Carolina requires a health care directive be notarized to be legally valid.
North Dakota
North Dakota Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in North Dakota you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in North Dakota.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: North Dakota requires a power of attorney to be notarized for it to be considered legally valid.
North Dakota Health Care Directive
Principal: To be a principal (maker of the health directive) in North Dakota you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: North Dakota requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. Witnesses must be 18 years old and not be the health care agent. Witnesses cannot be related to the principal by blood, marriage, or adoption, a beneficiary of the will, or a person with a claim against the principal’s estate. Additionally, at least one (1) witness must not be a health care provider or employee responsible for the principal.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: North Dakota requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid.
Ohio
Ohio Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Ohio you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Ohio.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Ohio requires a power of attorney to be notarized for it to be considered legally valid.
Ohio Health Care Directive
Principal: To be a principal (maker of the health directive) in Ohio you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Ohio requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. Witnesses cannot be under the age of 18, related to the principal by blood, marriage, or adoption, the appointed agent, a health care provider of the principal, or the alternate signer (if applicable).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: Ohio requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid.
Oklahoma
Oklahoma Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Oklahoma you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Missouri.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: While Oklahoma does not technically require a power of attorney to be notarized, it is highly recommended that a power of attorney be notarized to ensure its enforceability. Note that most financial institutions will not recognize a power of attorney unless it is notarized.
Oklahoma Health Care Directive
Principal: To be a principal (maker of the health directive) in Oklahoma you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Oklahoma. These witnesses must be present during the signing of the health care directive. These witnesses cannot be under 18, the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid UNLESS the agent is granted power to direct the burial and cremation of the principal.
Oregon
Oregon Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Oregon you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Oregon.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Oregon requires that a power of attorney be notarized in order for it to be considered legally valid.
Oregon Health Care Directive
Principal: To be a principal (maker of the health directive) in Oregon you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Oregon. These witnesses must be present during the signing of the health care directive. These witnesses cannot be under 18, a health care representative or physician responsible for the principal. At least one (1) witness cannot be related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, or an owner, operator or employee of a health care facility where the principal resides.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Pennsylvania
Pennsylvania Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Pennsylvania you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two witnesses are required to sign a power of attorney to make it legally valid in Pennsylvania. It is common practice for witnesses to be over 18 and not be the agent or beneficiary mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney. The agent is also required to complete and sign an acknowledgement form.
Notary: Pennsylvania requires a power of attorney to be notarized for it to be considered legally valid.
Pennsylvania Health Care Directive
Principal: To be a principal (maker of the health directive) in Pennsylvania you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Pennsylvania. These witnesses must be present during the signing of the health care directive. These witnesses must be over 18, and cannot be the alternate signer (if applicable). It is common practice for witnesses to not be the appointed agent or beneficiaries mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Rhode Island
Rhode Island Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Rhode Island you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Rhode Island.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Rhode Island requires a power of attorney to be notarized for it to be considered legally valid.
Rhode Island Health Care Directive
Principal: To be a principal (maker of the health directive) in Rhode Island you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Rhode Island. These witnesses must be present during the signing of the health care directive. Witnesses must be over 18, and cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, a health care provider, employee or owners of a health care facility responsible for the principal.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary : A notary is not required for a healthcare directive to be valid UNLESS the agent is granted power to direct the burial and cremation of the principal. The notary may not be related to the principal by blood, marriage, or adoption or a beneficiary mentioned in the will.
South Carolina
South Carolina Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in South Carolina you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two witnesses are required to sign a power of attorney to make it legally valid in South Carolina. The witness generally must be 18 years of age, and cannot be the agent, the notary, any relative by blood, or a third party who has plans to interact with the agent. The witnesses must have mental capacity and cannot be beneficiaries mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: South Carolina requires a power of attorney to be notarized for it to be considered legally valid.
South Carolina Health Care Directive
Principal: To be a principal (maker of the health directive) in South Carolina you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in South Carolina. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will or the life insurance policy, a person with a claim against the principal’s estate, a health care physician or employee responsible for the principal, directly financially responsible for the medical care of the principal, or the alternate signer (if applicable). Additionally, only one (1) witness may be an employee of the health care facility in which the principal is a patient.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: South Carolina requires a health care directive to be notarized in order for it to be considered legally valid.
South Dakota
South Dakota Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in South Dakota you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in South Dakota.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: South Dakota requires a power of attorney to be notarized for it to be considered legally valid.
South Dakota Health Care Directive
Principal: To be a principal (maker of the health directive) in South Dakota you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in South Dakota. These witnesses must be present during the signing of the health care directive and be over 18. While South Dakota does not specify, it is common practice for witnesses to not be the appointed agent or beneficiaries or heirs mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Tennessee
Tennessee Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Tennessee you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Tennessee requires that a power of attorney be signed by two witnesses OR notarized in order for it to be legally valid. The witnesses must be over 18 years of age, and cannot be the agent, the notary, or beneficiaries mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Tennessee requires that a power of attorney be signed by two witnesses OR notarized in order for it to be legally valid.
Tennessee Health Care Directive
Principal: To be a principal (maker of the health directive) in Tennessee you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Tennessee requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid. These witnesses must be present during the signing of the health care directive. Witnesses must be over 18 and not be the appointed agent. At least one (1) witness must not be related to the principal by blood, adoption, or marriage, or a beneficiary mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: Tennessee requires that a health care directive be signed in front of two (2) witnesses OR notary in order to be legally valid.
Texas
Texas Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Texas you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Texas.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Texas requires a power of attorney to be notarized for it to be considered legally valid.
Texas Health Care Directive
Principal: To be a principal (maker of the health directive) in Texas you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Texas. These witnesses must be present during the signing of the health care directive and must be over 18. These witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, a health care provider, employee, or owner of health care facility responsible for the principal, or a person with a claim against the principal’s estate.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid UNLESS the agent is granted power to direct the burial and cremation of the principal.
Utah
Utah Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Utah you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Utah.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Utah requires a power of attorney to be notarized for it to be considered legally valid.
Utah Health Care Directive
Principal: To be a principal (maker of the health directive) in Utah you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: One (1) witness is typically required to sign a healthcare directive to make it legally valid in Utah. This witness must be present during the signing of the health care directive and must be over 18. They cannot be the appointed agent, related to the principal by blood, adoption, or marriage, an administrator at the health care facility responsible for the principal, a beneficiary mentioned in the will or life insurance policy, directly financially responsible for the medical care of the principal, or the alternate signer (if applicable).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Vermont
Vermont Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Vermont you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: One (1) witness is required to sign a power of attorney to make it legally valid in Vermont. The witness generally must be 18 years of age, and cannot be the agent, or a beneficiary of the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Vermont requires a power of attorney to be notarized for it to be considered legally valid.
Vermont Health Care Directive
Principal: To be a principal (maker of the health directive) in Vermont you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Vermont. These witnesses must be present during the signing of the health care directive and must be over 18. These witnesses cannot be the appointed agent, be a close relative (spouse, parent, adult sibling, adult child, or adult grandchild) of the principal. Additionally, if the principal is a patient in a hospital or long-term care facility, a designated person must sign the document after explaining it to the principal (for more information, ask a patient representative).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Virginia
Virginia Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Virginia you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in Virginia.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Virginia requires a power of attorney to be notarized for it to be considered legally valid.
Virginia Health Care Directive
Principal: To be a principal (maker of the health directive) in Virginia you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Virginia. These witnesses must be present during the signing of the health care directive and must be over 18. Although Virginia does not specify, it is recommended that the witnesses not be the appointed agent or beneficiary mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive. The
Notary: A notary is not required for a healthcare directive to be valid UNLESS the agent has the power to direct a burial or cremation.
Washington
Washington Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Washington you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Washington requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid. Witnesses should be present at the signing of the power of attorney. They should be over 18 and it is common practice for them not to be beneficiaries mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Washington requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid.
Washington Health Care Directive
Principal: To be a principal (maker of the health directive) in Washington you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Washington. These witnesses must be present during the signing of the health care directive and must be over 18. These witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, a person with a claim against the principal’s estate, or a physician or health care employee responsible for the principal.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid UNLESS the agent is granted power to direct the burial and cremation of the principal.
West Virginia
West Virginia Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in West Virginia you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are required to sign a power of attorney to make it legally valid in West Virginia. These witnesses must be present at the time of signing and cannot be the appointed agent. It is common practice for these witnesses to be over the age of 18 and not be beneficiaries or heirs mentioned in the will.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: West Virginia requires a power of attorney to be notarized for it to be considered legally valid.
West Virginia Health Care Directive
Principal: To be a principal (maker of the health directive) in West Virginia you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in West Virginia. These witnesses must be present during the signing of the health care directive and must be over 18. These witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, a physician responsible for the principal, beneficiaries or heirs mentioned in the will, directly financially responsible for the medical care of the principal, or the alternate signer (if applicable).
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: West Virginia requires that a health care directive be notarized in order for it to be legally valid.
Wisconsin
Wisconsin Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Wisconsin you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in West Virginia.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: Wisconsin requires a power of attorney to be notarized for it to be considered legally valid.
Wisconsin Health Care Directive
Principal: To be a principal (maker of the health directive) in Wisconsin you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Two (2) witnesses are typically required to sign a healthcare directive to make it legally valid in Wisconsin. These witnesses must be present during the signing of the health care directive. These witnesses cannot be the appointed agent, related to the principal by blood, adoption, or marriage, beneficiaries or heirs mentioned in the will, directly financially responsible for the medical care of the principal, a person with a claim against the estate of the principal, or a health care provider or employee responsible for the principal.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
Wyoming
Wyoming Financial Power of Attorney (POA)
Principal: To be a principal (maker of the power of attorney) in Wyoming you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Witnesses are not required to sign a power of attorney to make it legally valid in West Virginia.
Agent: The agent (designated person to act on behalf of principal) must be 18 years of age or older, have mental capacity and willing to take on the duties as dictated by the power of attorney.
Notary: In order for a power of attorney’s signatures to be considered genuine, Wyoming requires that a power of attorney be notarized.
Wyoming Health Care Directive
Principal: To be a principal (maker of the health directive) in Wyoming you must be at least 18 years of age, of sound mind and be free from external influences.
Witnesses: Wyoming requires that a power of attorney be signed in front of two (2) witnesses OR notary in order to be legally valid. These witnesses must be present during the signing of the health care directive and must be over 18. These witnesses cannot be the appointed agent, a health care provider, employee, or owner of a facility responsible for the principal. It is common practice for witnesses to not be beneficiaries mentioned in the will.
Agent: The agent (health directive appointee or proxy) must be 18 years of age or older, have mental capacity and willing to take on the duties associated with the health care directive.
Notary: A notary is not required for a healthcare directive to be valid.
We hope this article helps you make your estate planning valid in your state. Thank you for choosing GoodTrust for your estate planning needs.
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Please note all laws are subject to change and we are not legally responsible for any changes or unforeseen circumstance. We encourage you to consider the above guidelines and to check your state laws before making any legal decisions.