If you only have a moment
An advance directive is a paper you fill out now that speaks for you about medical care if a day comes when you can't speak for yourself. Most do two things: name someone you trust to make choices for you, and write down the care you would and wouldn't want. You usually don't need a lawyer, free forms exist for every state, and you can change it any time.
I get so many questions about advance directives. What's a living will? Is that the same as a power of attorney? Do I need a lawyer? What happens if I never fill one out?
My husband never filled one out. The only time he ever spoke about it was once, while we were watching a TV show where someone was being kept alive on machines. He said he'd never want that, that it seemed silly to keep someone going like that. That one passing comment was all I ever knew of his medical wishes. If a doctor had ever asked me what he wanted, it's all I would have had to go on.
The answers are out there, but most of them read like a law book or the fine print on a hospital form. Nobody seems to just sit down and explain it in simple English.
So that's what this is. We'll go through what each paper does, who to choose, the hard medical choices in everyday words, how to sign it so it counts, and where to find the right form for your state.
Already know what you need? Choose your state to get the official form, how to sign it, and where to register it.
Jump to: What it is · All those names · Choosing your person · The hard choices · When your family is different · Signing it · After you sign · Your state's form · What it can't do · Common questions
What an Advance Directive Really Is
Think of it as a letter to your doctors and your family, written while you're well, for a day you can't talk. A bad fall, a stroke, a long illness, a car accident. The National Institute on Aging puts it simply: it only goes into effect if you can't communicate your own wishes.
As long as you can speak for yourself, you decide. Signing one doesn't hand anything away.
It matters more than most of us think. In one study NIA describes, people guessed wrong on nearly one out of three end-of-life decisions for someone they loved. Writing it down takes the guessing off their shoulders.
And it isn't only for older people. The American Bar Association points out that younger adults may have even more at stake after a serious accident, and every adult needs one.
The Two Main Parts: Your Person and Your Wishes
Most advance directives have two parts. Some states put them on one form; others use two.
Your person. This part is often called a durable power of attorney for health care. It names someone to make medical decisions for you if you can't. Your state may call them your agent, proxy, surrogate, representative or patient advocate. It all means the same thing.
Your wishes. This part is often called a living will. It says which treatments you'd want, which you wouldn't, and when.
If you only do one, many experts say do the first. The ABA calls naming a person the more useful of the two, because no paper can predict every situation, but someone who knows you can.
All Those Names, in Plain English
This is where most people get lost, so here's each one on its own.
Living will. Your medical wishes in writing. It is not the same as a will. NIA explains that a regular will is about your property, money, gifts and the care of anyone who depends on you.
Health care power of attorney (health care proxy). Names your person for medical decisions only. PREPARE for Your Care, a free program from the University of California, says plainly that this person has no say over your money.
Financial power of attorney. A separate paper that names someone to handle your bills, bank accounts and other money matters. A "durable" one works right away and keeps working if you become ill; a "springing" one only starts after a doctor confirms you can't manage. Either way, CaringInfo notes it ends when you die. Without one, your family may have to go to court for permission to pay your bills.
POLST (in some states POST, MOLST, MOST or LST). Not an advance directive. It's a medical order your doctor or nurse fills out with you, meant for people who are already seriously ill or frail. It tells emergency crews exactly what to do. It's optional, and it doesn't replace your advance directive.
DNR (do not resuscitate). A doctor's order that says no CPR if your heart stops. There's also a DNI (no breathing tube), a DNH (don't send me to the hospital, for nursing home residents), and an out-of-hospital DNR for home. You ask your doctor for these; you don't write them yourself.
Choosing Your Person (and a Backup)
This is the most important choice in the whole paper, so take your time with it.
Pick someone who will do what you ask, even if they'd choose differently for themselves. NIA suggests asking yourself a few honest questions. Can I talk to this person about all of this? Will they stand firm if family members or doctors disagree? Would they come to the hospital if I needed them?
They don't have to be family. A friend, a neighbor or someone from your faith community can be a wonderful choice. In most states your person must be at least 18 (19 in Alabama and Nebraska).
A few people usually shouldn't be your person, and some states don't allow them at all: your own doctor or someone who works for them, the owner or staff of your nursing home or care facility, or a court-appointed guardian. Your state form will list its own rules.
Name a backup too, in case your first choice is sick, away or can't do it. Then ask both of them, out loud, if they're willing. Don't let it be a surprise.
The Hard Choices, in Everyday Words
Most forms ask about the same handful of treatments. Here's what each one actually means, so you can decide with your eyes open. Your doctor can tell you how each one might apply to your own health.
CPR. Pressing hard and fast on the chest, often with electric shocks and medicine, to restart a heart that has stopped. It can save a young, healthy person. NIA notes it works less often for older adults with long-term illnesses, and it can break ribs.
A breathing machine (ventilator). A tube goes down the throat to a machine that breathes for you. It's uncomfortable, so people are usually kept sedated. If it's needed for a long time, the tube may go through a small opening in the neck instead.
Tube feeding. Food and fluids through a tube in the nose, the stomach, or an IV. It can help while you recover from an illness. Near the end of life, NIA says studies show it doesn't really lengthen life. Careful feeding by hand is another option, especially for people with dementia.
Dialysis. A machine that cleans your blood when your kidneys stop working.
Antibiotics and antivirals. Medicine for infections. Near the end, some people want every infection treated; others would rather let it run its course.
Pacemakers and heart defibrillators (ICDs). If you have one, you can say whether you'd want it turned off near the end of life.
Comfort care. Everything that eases pain and keeps you comfortable: pain medicine, ice chips for a dry mouth, being at home if you choose. The ABA is clear that even if you say no to other treatments, you should still always get comfort care.
Organ, tissue or body donation. You can say yes or no here. Mayo Clinic explains that donating organs may mean staying on machines for a short time so the organs can be recovered, so it helps to say you understand that. Thinking of giving your body to science? A medical school or donation program can explain how to sign up.
You can say "yes," "no," "only if there's a good chance I'll get better," or "try it for a while, then stop." And if you aren't sure yet, that's all right. You can name your person now and fill in your wishes later.
What Matters Most to You
The treatments are only half of it. Your person also needs to know what a good day looks like to you.
Some people want every day they can get, especially to reach a wedding or a new grandbaby. Others know there's a point where they'd want comfort only. Neither is wrong. Write down which way you lean, and why, in your own words.
Your beliefs. If faith shapes your choices, say so, and name your faith leader if you'd like them called. There are advance directive forms written for Catholic and Jewish families, and one for Jehovah's Witnesses about blood. If you don't follow a faith, say that too, so no one assumes.
Mental health. If you live with a mental illness, you can also make a psychiatric advance directive. CaringInfo says 25 states have laws for these, and in other states you can add your wishes (helpful medicines, ones to avoid, where you'd want care) to your regular form. Name the same person on both so there's no confusion.
Dementia. If you've been told you have dementia, or someone close to you has, make your plan early, while it's still your voice. Many forms have a blank page for wishes like these.
When Your Family Doesn't Look Like the Forms Expect
The forms assume a married couple and grown kids. Real life is wider than that, and this is where a paper matters most.
If you aren't married. NIA warns that if you haven't named your partner, they could be left out of decisions completely. Without a paper, state law usually goes to a spouse, then parents, then grown children.
Chosen family and LGBTQ+ families. You can name anyone you trust. A friend who has been your family for 30 years can be your person. Put it in writing so no one can question it.
If you have no family at all. Some states let a close friend step in, and others assign a doctor. Naming someone now is how you make sure it's a person who knows you.
If you have a disability. You decide what a good life means for you. Write that down plainly, so no one makes assumptions about what you would or wouldn't want.
If you'd rather read in another language. PREPARE for Your Care and CaringInfo both have Spanish forms, and many hospitals offer forms in more languages. Ask your doctor's office for an interpreter, spoken or sign language, when you talk it through.
Veterans. If you get care at the VA, the VA has its own advance directive, VA Form 10-0137.
If your family may not agree. Say so in the paper. You can name the person who decides and ask them to talk with certain people first, or not. Clear words now can spare a lot of hurt later.
Signing It So It Counts
You usually don't need a lawyer. NIA says a lawyer can help but isn't required, and many state forms are free.
What you do need is to sign it exactly as your state's form says. PREPARE explains that some states want witnesses, some want a notary, some want both, and some want neither. Your form's instructions will say who can be a witness. California, for example, lets you use two witnesses instead of a notary, and one of them can't be related to you.
If you spend a lot of time in two states, CaringInfo suggests filling out each state's form. Not every state accepts another state's paper.
After You Sign
A signed paper in a drawer can't help anyone. A few small steps make it work.
Give copies to your person, your backup, your doctors and your lawyer if you have one. Ask your doctor to put it in your medical record. NIA notes some states have registries that store it so hospitals can find it.
Keep the original somewhere easy to find, and tell your family where it is.
Carry a wallet card that says you have an advance directive, who your person is, and where the paper is.
Double-check when you're admitted. The ABA warns your paper won't always follow you from one hospital or facility to the next, so ask each place if they have it.
Look at it again about once a year, and whenever life changes. The ABA's easy way to remember is the "five D's": a new decade, a death of someone close, a divorce, a new diagnosis, or a decline in your health. To change it, fill out a new one and give everyone the new copy.
Medicare helps. Medicare Part B covers a talk about advance care planning at your Welcome to Medicare visit or your yearly wellness visit, at no cost if your provider accepts Medicare. Bring your person with you if you'd like.
Find Your State's Form
Every state has its own rules, so there's no one form that works everywhere. That's the honest truth, and anyone who says otherwise is selling something.
Choose your state or territory. The box shows the official form, how to sign it, who can and can't be a witness, any state registry, and what the form covers after death. Every state is here, plus the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa and the Northern Mariana Islands.
Take a breath. You don't need a lawyer for most advance directives. Start with the free form for your state, fill in what you're sure of, and know that you can change it later.
Alabama
The form: Alabama's law includes the form, called an Advance Directive for Health Care. It has a living will part and a part to name your health care proxy.
How to sign it: Sign it in front of two witnesses, each at least 19. No notary is needed. The person you name as proxy must also sign a written acceptance, kept with the form.
Who can't be a witness: Your proxy, anyone who signs for you, your relatives by blood, adoption or marriage, anyone who would inherit from you, and anyone who pays for your medical care.
State registry: None we could find. Keep copies with your person and your doctor.
After death: This form doesn't cover donation or funeral choices.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Alaska
The form: Alaska's law includes an optional Advance Health Care Directive form.
How to sign it: Use two adult witnesses who know you, or sign in front of an Alaska notary.
Who can't be a witness: Your agent, a health care provider or staff member where you get care, and staff of that facility. At least one witness can't be a relative or someone who would inherit from you.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ and tissue donation on the form.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Arizona
The form: The Arizona Attorney General has a free Life Care Planning packet: Health Care Power of Attorney, Mental Health Care Power of Attorney, Living Will and a Pre-Hospital Medical Directive.
How to sign it: Use one adult witness or a notary, not both.
Who can't be a witness: Anyone under 18, your relatives by blood, adoption or marriage, anyone who would inherit from you, your agent, and anyone giving you health care.
State registry: Arizona keeps a state registry. The Attorney General's page has the registration agreement.
After death: The Health Care Power of Attorney has a place for your funeral and burial wishes.
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Checked November 2026. Not legal advice; laws change, so check the official link.
Arkansas
The form: The Arkansas Department of Health has a free Advance Care Plan form.
How to sign it: Use two adult witnesses or a notary.
Who can't be a witness: Your agent. At least one witness can't be a relative or someone who would inherit from you.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ or body donation. There's a blank for other wishes, like burial.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
California
The form: The California Attorney General posts the Advance Health Care Directive form from the Probate Code.
How to sign it: Use two witnesses or a notary. If you live in a skilled nursing facility, a patient advocate or ombudsman must also sign.
Who can't be a witness: Your agent, your health care provider or their staff, and the owner or staff of a community care or elder care home. At least one witness can't be a relative or someone who would inherit from you.
State registry: The Secretary of State keeps an Advance Health Care Directive Registry (form SFL-461).
After death: Your agent can approve an autopsy, organ donation, and decide about your remains, unless you limit it.
Get the official formEasy-to-read form (PREPARE)State registryWho decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Colorado
The form: Colorado has no single state form. You can make a living will (Declaration) and a Medical Durable Power of Attorney.
How to sign it: The living will needs two witnesses or a notary. Colorado's law lists no witness or notary rule for the Medical Durable Power of Attorney.
Who can't be a witness: For the living will: any doctor, staff of your doctor or of the facility where you're a patient, anyone with a claim on your estate, and anyone who would inherit from you.
State registry: None we could find. Keep copies with your person and your doctor.
After death: The Medical Durable Power of Attorney can include an organ and tissue donation statement.
Easy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Connecticut
The form: Connecticut's law includes a sample form for a living will and for naming a health care representative.
How to sign it: Sign and date it in front of at least two witnesses.
Who can't be a witness: Your health care representative. If you live in a state mental health or developmental disability facility, there are extra witness rules.
State registry: None we could find. Keep copies with your person and your doctor.
After death: The sample form doesn't cover funeral choices.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Delaware
The form: Delaware Health and Social Services has a free Advance Health Care Directive.
How to sign it: Sign it in front of two witnesses. If you live in a long-term care home, one witness must be a state patient advocate or ombudsperson.
Who can't be a witness: Your relatives by blood, marriage or adoption, anyone who would inherit from you or has a claim on your estate, anyone who pays for your care, and the owner or staff of the home where you live.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ and tissue donation (Part III).
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
District of Columbia
The form: D.C. law sets out a durable power of attorney for health care.
How to sign it: Date and sign it in front of two adult witnesses.
Who can't be a witness: Your health care provider and their staff. At least one witness can't be a relative or someone who would inherit from you.
State registry: None we could find. Keep copies with your person and your doctor.
After death: D.C. lets you name who decides about your funeral in a separate signed paper.
Get the official formWho decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Florida
The form: Florida's law has suggested forms for a living will and for naming a health care surrogate. The Attorney General explains both.
How to sign it: Sign in front of two witnesses. At least one can't be your spouse or a blood relative.
Who can't be a witness: The person you name as your surrogate.
State registry: None we could find. Keep copies with your person and your doctor.
After death: These forms don't cover funeral choices, and Florida has no way to name someone else to decide.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Georgia
The form: Georgia's law includes the Georgia Advance Directive for Health Care form.
How to sign it: Sign in front of two adult witnesses. No notary is needed. Only one witness may work for the place where you get care.
Who can't be a witness: Your health care agent, anyone who would inherit or gain money from your death, and anyone directly involved in your care.
State registry: None we could find. Keep copies with your person and your doctor.
After death: In Georgia, your health care agent is first in line to decide about your funeral.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Hawaii
The form: Hawaii's law includes an optional Advance Health-Care Directive form.
How to sign it: Use two adult witnesses who know you, or a Hawaii notary.
Who can't be a witness: Your agent, and any health care provider or their staff. At least one witness can't be a relative or someone who would inherit from you.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ donation on the form.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Idaho
The form: Idaho's Department of Health and Welfare has a free Idaho Advance Directive.
How to sign it: Sign and date it, with your name, birth date, phone and address. Idaho law doesn't require witnesses or a notary.
State registry: The Idaho Healthcare Directive Registry is free. Upload online, email IHDR@dhw.idaho.gov, or call 208-334-5501.
After death: Your health care agent is second in line to decide about your funeral, unless your paper says otherwise.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Illinois
The form: Illinois has the Statutory Short Form Power of Attorney for Health Care.
How to sign it: Sign it in front of one adult witness. No notary is needed.
Who can't be a witness: Your agents, their relatives or yours, your doctor, nurse practitioner, dentist, podiatrist, optometrist or psychologist (or their relatives), and the owner of your care facility (or their relatives).
State registry: None we could find. Keep copies with your person and your doctor.
After death: Your agent can decide about donation, autopsy, cremation and burial unless you limit it.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Indiana
The form: Indiana's law sets out the advance directive. There's no single state form.
How to sign it: Use two adult witnesses or a notary. Video signing is allowed, and phone-only signing in limited cases.
Who can't be a witness: At least one witness can't be your spouse or a relative. Whoever signs for you can't also witness.
State registry: None we could find. Keep copies with your person and your doctor.
After death: A health care representative given this power can make funeral decisions.
Easy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Iowa
The form: Iowa has a durable power of attorney for health care and a living will (declaration). There's no single state form.
How to sign it: Use two witnesses or an Iowa notary. It must be dated and say clearly that your agent can make health care decisions.
Who can't be a witness: Your agent, anyone under 18, and a provider caring for you that day or their staff. At least one witness can't be a close relative. A VA advance directive also counts in Iowa.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Iowa's funeral designee is named in a separate declaration.
Easy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Kansas
The form: Kansas law includes a durable power of attorney for health care form.
How to sign it: Use two adult witnesses or a notary.
Who can't be a witness: Your agent, your relatives, anyone who would inherit from you, and anyone who pays for your care.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Your agent can decide about donation, autopsy and what happens to your body.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Kentucky
The form: The Kentucky Attorney General has a free Living Will Directive packet (also in large print). It lets you name a health care surrogate too.
How to sign it: Use two adult witnesses or a notary.
Who can't be a witness: Blood relatives, anyone who would inherit from you, staff of a facility where you're a patient (unless they're a notary), your attending doctor, and anyone who pays for your care.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ, tissue and eye donation. Kentucky's Funeral Planning Declaration is a separate form.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Louisiana
The form: The Louisiana Secretary of State has a Living Will Declaration form.
How to sign it: Sign in front of two witnesses.
State registry: The Secretary of State keeps a Living Will Registry. It costs $20, and you get a wallet card. Call 225-922-0900.
After death: The form doesn't cover funeral choices. You can add the name of someone to make treatment decisions.
Get the official formEasy-to-read form (PREPARE)State registryWho decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Maine
The form: Maine's law includes an optional advance health care directive form.
How to sign it: Sign in front of two witnesses.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ donation on the form.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Maryland
The form: The Maryland Attorney General has a free Advance Directive and a separate After My Death form.
How to sign it: Sign in front of two witnesses. No notary is needed.
Who can't be a witness: Your health care agent. At least one witness can't be someone who would inherit or gain money from your death.
State registry: None we could find. Keep copies with your person and your doctor.
After death: The After My Death form covers organ and body donation and names who decides about your funeral.
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Checked November 2026. Not legal advice; laws change, so check the official link.
Massachusetts
The form: Massachusetts uses the Health Care Proxy form.
How to sign it: Sign in front of two adult witnesses. No notary is needed.
Who can't be a witness: The person you name as your agent or alternate.
State registry: None we could find. Keep copies with your person and your doctor.
After death: The proxy ends at death. Massachusetts has no living will law, but you can still write your wishes down.
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Checked November 2026. Not legal advice; laws change, so check the official link.
Michigan
The form: Michigan calls it a Patient Advocate Designation. There's no single state form.
How to sign it: Sign in front of two witnesses. Your patient advocate must sign an acceptance before acting, and the paper must be put in your medical record before it's used.
Who can't be a witness: Your spouse, parent, child, grandchild or sibling, anyone who would inherit from you, your doctor, your patient advocate, and staff of your insurer, the facility treating you, your home for the aged, or your mental health provider.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can let your advocate make an organ donation after death. Michigan's funeral representative is named separately.
Easy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Minnesota
The form: Minnesota's law has a suggested Health Care Directive form.
How to sign it: Use a notary or two adult witnesses.
Who can't be a witness: Your agent or alternate. Only one witness may be a provider (or their staff) caring for you that day.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can give your agent power over organ donation and burial or cremation, and write your wishes.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Mississippi
The form: Mississippi's law includes an optional advance health care directive form.
How to sign it: Use two adult witnesses who know you, or a Mississippi notary.
Who can't be a witness: Your agent, any health care provider or their staff, your relatives, and anyone who would inherit from you.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can sign an organ donation certificate (Part 4).
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Missouri
The form: Missouri has no single state form. You can make a durable power of attorney for health care and a living will (declaration).
How to sign it: The health care power of attorney must be notarized. The living will needs two adult witnesses, unless you write it all in your own hand.
Who can't be a witness: Whoever signs for you can't also witness.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Funeral decisions go to an agent only if a durable power of attorney gives that right in so many words.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Montana
The form: The Montana Attorney General offers the My Choices Advance Directive, in English and Spanish.
How to sign it: Sign in front of two witnesses.
Who can't be a witness: Montana's law doesn't list who can't witness. Montana State University Extension suggests choosing neutral witnesses rather than family.
State registry: The Montana End-of-Life Registry is free. Mail your directive and registration agreement to the Office of Consumer Protection, P.O. Box 200151, Helena, MT 59620-1410. You'll get a wallet card.
After death: Check the My Choices form for donation and funeral wishes.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Nebraska
The form: Nebraska's Department of Health and Human Services has a Power of Attorney for Health Care form. Nebraska also has a living will law.
How to sign it: Use two witnesses or a notary.
Who can't be a witness: Your agent and your attending doctor.
State registry: None we could find. Keep copies with your person and your doctor.
After death: This form doesn't cover funeral choices. Nebraska's funeral decider is named in a separate notarized affidavit.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Nevada
The form: Nevada's law includes a Durable Power of Attorney for Health Care Decisions form. Living will and psychiatric directive forms exist too.
How to sign it: Use a notary or two adult witnesses who know you.
Who can't be a witness: Your agent, any health care provider or their staff, and the operator or staff of a health care facility. At least one witness can't be a relative or someone who would inherit from you.
State registry: Nevada Lockbox is free. Mail, fax or drop off a registration agreement with copies. Call 702-486-2887 or email Lockbox@sos.nv.gov.
After death: Your agent can make decisions before or after your death. A durable power of attorney can also name your funeral decider.
Get the official formEasy-to-read form (PREPARE)State registryWho decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
New Hampshire
The form: New Hampshire's law includes the advance directive form (health care power of attorney and living will).
How to sign it: Use two witnesses, a notary, or a justice of the peace.
Who can't be a witness: Your agent, your spouse, anyone who would inherit from you or is in your will or trust, and your attending practitioner or anyone they direct. Only one witness may be your care provider or their staff.
State registry: None we could find. Keep copies with your person and your doctor.
After death: The form doesn't cover funeral choices.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
New Jersey
The form: New Jersey has a Proxy Directive (health care representative) and an Instructive Directive (living will).
How to sign it: Have it notarized, or sign in front of two adult witnesses. You don't need a lawyer.
Who can't be a witness: The person you name as your health care representative.
State registry: None we could find. Keep copies with your person and your doctor.
After death: New Jersey's funeral decider is named on a separate state Cemetery Board form.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
New Mexico
The form: New Mexico's law includes an optional Advance Health-Care Directive form.
How to sign it: Sign and date it. Witnesses are recommended but not required.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ donation or let your agent decide.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
New York
The form: New York uses the state Health Care Proxy form.
How to sign it: Sign in front of two adult witnesses. No notary or lawyer is needed.
Who can't be a witness: The person you name as agent or alternate.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ, eye and tissue donation. New York's funeral agent is named separately.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
North Carolina
The form: The North Carolina Secretary of State has free forms: Health Care Power of Attorney, Living Will and Advance Instruction for Mental Health Treatment.
How to sign it: Sign in front of two qualified witnesses and a notary.
Who can't be a witness: Your relatives by blood or marriage, anyone who would inherit from you, your attending doctor, licensed providers who work for your doctor, care team or care home, and anyone with a claim against you.
State registry: The Secretary of State keeps an Advance Health Care Directive Registry. Call 919-814-5400.
After death: Your agent can approve an autopsy, decide about your remains, and donate organs or your body if you initial those parts.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
North Dakota
The form: North Dakota's law includes an optional health care directive form.
How to sign it: Use a notary or two adult witnesses.
Who can't be a witness: Your agent, your spouse, relatives or heirs, anyone with a claim on your estate, anyone who pays for your care, and your attending doctor. At least one witness can't be a provider caring for you that day.
State registry: None we could find. Keep copies with your person and your doctor.
After death: If you initial those lines, your agent can decide about donation and burial or cremation.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Ohio
The form: Ohio has a living will declaration and a health care power of attorney. There's no single state agency form.
How to sign it: Use two adult witnesses or a notary.
Who can't be a witness: Your relatives by blood, marriage or adoption, your agent or alternate, your attending doctor, and your nursing home administrator.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Ohio's funeral representative is named in a separate declaration.
Easy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Oklahoma
The form: Oklahoma's law includes the Advance Directive for Health Care (living will, health care proxy and anatomical gifts).
How to sign it: Sign in front of two adult witnesses.
Who can't be a witness: Anyone who would inherit from you. The form adds relatives.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ and tissue donation (Part III).
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Oregon
The form: The Oregon Health Authority has the state Advance Directive, in 19 languages and large print.
How to sign it: Use a notary or two adult witnesses. Your health care representative must agree to serve.
Who can't be a witness: Your health care representative and your health care provider.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Oregon's funeral decider is named on a separate state form.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Pennsylvania
The form: Pennsylvania has a health care power of attorney and a living will. There's no single state agency form.
How to sign it: Sign in front of two adult witnesses.
Who can't be a witness: Whoever signs for you can't also witness.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Pennsylvania gives funeral decisions to a spouse, then next of kin, unless you state otherwise.
Easy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Rhode Island
The form: Rhode Island requires its own state Durable Power of Attorney for Health Care form. There's a state living will form too.
How to sign it: Sign in front of two adult witnesses who know you.
Who can't be a witness: Your agent, and anyone connected to your health care provider or care facility unless they're a relative. At least one witness can't be a relative or someone who would inherit from you.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Rhode Island's funeral planning agent is named on a separate Department of Health form.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
South Carolina
The form: South Carolina has a Health Care Power of Attorney and a living will called a Declaration of a Desire for a Natural Death.
How to sign it: The Health Care Power of Attorney needs two witnesses; a notary is optional. The living will needs two witnesses and a notary. If you're a hospital patient or nursing home resident when you sign the living will, one witness must be a state ombudsman.
Who can't be a witness: Close family and their spouses, anyone who would inherit from you or is in your will, your life insurance beneficiaries, anyone who pays for your care, your agent, your doctor or their staff, and anyone with a claim on your estate. Only one witness may work for your health facility.
State registry: None we could find. Keep copies with your person and your doctor.
After death: The Health Care Power of Attorney covers organ and tissue donation only.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
South Dakota
The form: South Dakota's law has a sample living will. There's no state form for a health care power of attorney.
How to sign it: The living will needs two witnesses; a notary is optional. A health care power of attorney needs two witnesses or a notary.
State registry: None we could find. Keep copies with your person and your doctor.
After death: South Dakota's funeral decider is named in a separate notarized affidavit.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Tennessee
The form: Tennessee has a free state Advance Directive for Health Care.
How to sign it: Use two adult witnesses or a notary.
Who can't be a witness: Your agent or alternate. At least one witness can't be a relative or someone who would inherit from you.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ or body donation and write burial wishes. Your health care agent ranks high on the list for funeral decisions.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Texas
The form: Texas Health and Human Services has free forms in English and Spanish: Medical Power of Attorney, Directive to Physicians and Family or Surrogates, Out-of-Hospital DNR, and Declaration for Mental Health Treatment.
How to sign it: Use a notary or two adult witnesses. Electronic signatures are allowed for some forms if the rules are met.
Who can't be a witness: Your agent, your relatives by blood or marriage, anyone who would inherit from you, your doctor or their staff, staff of your facility who care for you or run its office, and anyone with a claim on your estate.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Texas's funeral agent is named in a separate notarized appointment.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Utah
The form: Utah's law (updated in 2026) includes an optional Advance Health Care Directive form.
How to sign it: You need one adult witness if you name an agent.
Who can't be a witness: Your agent and your agent's spouse or partner. In a nursing home, its staff, contractors, owners or operators.
State registry: None we could find. Keep copies with your person and your doctor.
After death: You can choose organ and tissue donation (Part D).
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Vermont
The form: The Vermont Department of Health has free forms: Appointment of a Health Care Agent, a Short Form and a Long Form. Other languages are available through the Vermont Ethics Network.
How to sign it: Sign in front of two adult witnesses.
Who can't be a witness: Your agent, your spouse, siblings, parents, children or grandchildren.
State registry: The Vermont Advance Directive Registry is free for Vermont residents. Upload online or send it with a registration agreement. Call 802-828-2909.
After death: The Short and Long Forms cover organ donation and burial or disposition of your body.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Virginia
The form: Virginia's law sets out the advance directive, with a suggested form.
How to sign it: Sign in front of two adult witnesses.
State registry: Virginia keeps an Advance Health Care Directive Registry. Call 1-800-548-9455.
After death: You can choose organ, tissue and eye donation. Virginia's funeral decider is named in a separate notarized paper.
Get the official formEasy-to-read form (PREPARE)State registryWho decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Washington
The form: Washington has a health care directive and a durable power of attorney for health care. Washington Law Help has free forms.
How to sign it: Use a notary or two witnesses.
Who can't be a witness: Your relatives by blood or marriage, anyone who would inherit from you, your attending doctor or their staff, staff of the facility where you're a patient, and anyone with a claim on your estate.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Washington's funeral agent is named in a separate witnessed paper.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
West Virginia
The form: The West Virginia Center for End-of-Life Care has the state Medical Power of Attorney and Living Will forms.
How to sign it: Sign in front of two witnesses and a notary.
Who can't be a witness: Check the witness statement on the form.
State registry: The WV e-Directive Registry: check the Opt-In box on your form, fax 844-616-1415, or mail PO Box 9022, Morgantown, WV 26506.
After death: West Virginia's funeral decider is named in a separate notarized affidavit.
Get the official formEasy-to-read form (PREPARE)State registryWho decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Wisconsin
The form: The Wisconsin Department of Health Services has free forms: Power of Attorney for Health Care (in large print, Chinese, Hmong, Karen, Pashto, Spanish and Vietnamese), a living will, and an Authorization for Final Disposition.
How to sign it: Sign in front of two adult witnesses. No notary is needed.
Who can't be a witness: Your relatives or domestic partner, anyone who would inherit from you or has a claim on your estate, anyone who pays for your care, a provider caring for you or their staff, staff of an inpatient facility where you're a patient (chaplains and social workers can witness), and your agent.
State registry: None we could find. Keep copies with your person and your doctor.
After death: The Authorization for Final Disposition names who decides about your funeral.
Get the official formEasy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Wyoming
The form: Wyoming's law sets out the health care power of attorney. We didn't find a state agency form.
How to sign it: Use a notary or two witnesses.
Who can't be a witness: A treating provider or their staff, your agent, and the operator or staff of a community care or residential care facility.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Wyoming lets you name your funeral decider in writing.
Easy-to-read form (PREPARE)Who decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Puerto Rico
The form: Puerto Rico's law (Ley 160-2001) sets out the Declaración Previa de Voluntad sobre Tratamiento Médico. The Office of the Ombudsman for Older Adults has a guide in Spanish.
How to sign it: Sign and swear it before a notary, or make it in front of a doctor and two witnesses. Include the date, time and place.
Who can't be a witness: Anyone who would inherit from you, and anyone giving you direct care.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Adults 60 and older who qualify can get free notary help through the Ombudsman's office (787-721-6121).
Get the official formWho decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Guam
The form: Guam's Natural Death Act sets out a living will (declaration).
How to sign it: Sign in front of two witnesses. It must be its own document. In a skilled nursing facility, one witness must be a patient advocate or ombudsman.
Who can't be a witness: Anyone who would inherit from you, any health care provider or their staff, and the operator or staff of a community care or elder care home.
State registry: None we could find. Keep copies with your person and your doctor.
After death: The declaration doesn't cover funeral choices.
Get the official formWho decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
U.S. Virgin Islands
The form: We couldn't find a Virgin Islands law that explains how to make an advance directive.
How to sign it: Our suggestion, not a legal rule: write your wishes and name your person anyway, sign in front of two adult witnesses who aren't your agent or relatives and a notary, and ask your hospital what it accepts.
State registry: None we could find. Keep copies with your person and your doctor.
After death: Talk with your hospital and family about your wishes.
Checked November 2026. Not legal advice; laws change, so check the official link.
American Samoa
The form: American Samoa's law lets you appoint a health care representative and make a living will.
How to sign it: Sign in front of two adult witnesses. Give your representative an exact copy.
Who can't be a witness: Your representative. At least one witness can't be your spouse or a relative.
State registry: None we could find. Keep copies with your person and your doctor.
After death: The law doesn't cover funeral choices.
Get the official formWho decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
Northern Mariana Islands
The form: The Northern Mariana Islands' Medical Consent Act sets out a declaration about life-sustaining treatment.
How to sign it: Sign in front of two witnesses. It must be its own document.
Who can't be a witness: Anyone who would inherit from you, any health care provider or their staff, and the operator or staff of a community care or elder care home.
State registry: None we could find. Keep copies with your person and your doctor.
After death: The declaration doesn't cover funeral choices.
Get the official formWho decides the funeral here
Checked November 2026. Not legal advice; laws change, so check the official link.
I'm not a lawyer, and this isn't legal advice. Laws change, and every situation is different. Use this as a starting point, check the official link for your state, and talk to your doctor, the Area Agency on Aging near you, legal aid or an attorney if you have questions.
Free places to get your state's form:
- PREPARE for Your Care: easy-to-read forms for every state, in English and Spanish, with videos that walk you through it.
- CaringInfo: a free form and instructions for every state, D.C. and Puerto Rico.
- AARP and the American Bar Association also link to every state's forms.
- The Area Agency on Aging near you can help in person. To find yours, call 1-800-677-1116 (the Eldercare Locator).
Some websites charge a fee to make one. Paying isn't necessary. If you use an online service, NIA suggests reading its privacy policy first.
What an Advance Directive Can't Do
It's good to know the edges, so nothing catches you off guard.
It isn't a guarantee. NIA says it's legally recognized but not legally binding. A doctor or hospital may refuse a wish that goes against their conscience, their policy or medical standards. If that happens, they must tell your person and consider moving your care to someone who will follow it.
It may not stop 911 crews. The ABA explains that once 911 is called, emergency crews usually must try to resuscitate unless there's a POLST or an out-of-hospital DNR order. If you're seriously ill and don't want CPR at home, ask your doctor about one.
It doesn't cover money. That takes a financial power of attorney.
It may or may not reach past death. In some states your health care agent can also make funeral decisions, especially if your form says so. Our guide, Who Has the Right to Make Funeral Decisions?, shows the rule for your state.
What Can Wait
This doesn't all need doing today.
The detailed treatment choices can wait until you've had time to think and talk with your doctor. The financial paper can wait a week. Updating every copy can wait for your next checkup.
What's worth doing soon is the one thing that covers the most: choosing your person, asking them, and getting it signed.
Common Questions
Is a living will the same as an advance directive?
Not quite. A living will is one part of an advance directive, the part about which treatments you'd want. Most advance directives also name a person to decide for you, often called a health care power of attorney or proxy.
Do I need a lawyer to make an advance directive?
Usually not. Every state has a free form you can fill out on your own, though a lawyer can help if your situation is complicated.
Does an advance directive have to be notarized?
That depends on your state. Some want two witnesses, some want a notary, some want both, and a few want neither. Choose your state in the finder above to see its rule.
What happens if I don't have one?
If you can't speak for yourself, your state's law sets the order of who decides, most often a husband or wife first, followed by other close relatives. Your doctors and family may also have to guess what you'd want.
Can my advance directive cover my funeral?
In some states, yes. Your health care agent may be allowed to make funeral decisions, or your form may have a place for burial wishes. The finder above shows what your state's form covers after death.
Can I change my advance directive later?
Yes, any time you're able to make your own decisions. Fill out a new one, then give the new copy to everyone who had the old one.
Is a POLST the same as an advance directive?
No. A POLST is a medical order your doctor fills out with you when you're already seriously ill, and it works alongside your advance directive rather than replacing it.
My Wishes in Plain Words
For: anyone getting ready to fill out their state's form, and the person they've chosen to speak for them.
3 pages. Your person and a backup, what a good day looks like to you, a simple check-box page for each hard choice, comfort and where you'd like to be cared for, donation, faith, questions for your doctor, and a checklist of next steps.
It isn't a legal form. It's a place to think it through in pencil, then copy your choices into your state's official form.
Download it free (PDF) · En español: Mis deseos en palabras sencillas
A Gift You Give Ahead of Time
Filling this out can stir up a lot. That's normal. Go at your own pace, and take a break when you need one.
When the hard day comes, the people who love you won't have to stand in a hallway guessing. They'll have your words. It may be the kindest thing you leave behind.
More Help
- Who Has the Right to Make Funeral Decisions? A State-by-State Guide
- Planning Your Own Funeral: A Gentle Guide
- Planning Your Own Funeral in Hospice
- What to Gather Before a Loved One Dies
- Everything They'll Need to Know
- When Someone You Love Is in Hospice
Please note
This is general information, not legal or medical advice. Advance directive laws vary from state to state and can change. For advice about your own situation, check with your doctor, your state's legal aid office, your Area Agency on Aging, or an attorney.
Download My Wishes in Plain Words free (PDF) · En español
These resources are free, always. If this helped your family and you'd like to say thank you, you can leave a small gift.
With care,
C. Lindorfer, Noted & Charmed