What is the Difference Between Advance Directive and Living Will
When you make your Advance Directive, another legal document you will have to familiarize yourself with is a Living Will.
Although they go hand-in-hand, they aren’t exactly the same.
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An Advance Medical Directive is a legal document used to set a medical treatment plan in certain circumstances.
Other names for an Advance Directive include:
An Advance Directive also outlines the treatment preferences and assigns an agent to make decisions if you become unable to. You assign this agent when you are creating your document.
The purpose is to give the person who signs it (the principal) the authority to choose medical treatments he or she would like to receive.
This comes into effect only when the principal becomes unable to communicate, such as in an end-of-life situation.
An Advance Health Care Directive is a combination of legal documents. In the past, it was common for someone to have a Living Will, a Medical POA, or one of each.
These are the different parts that should be included within the Advance Directive:
LawDistrict provides an Advance Directive template that is simple to follow. With this template, you can make your Directive with ease.
Follow this step-by-step guide on how to write your Advance Directive. This way, you know exactly what to include.
Take advantage of our Advance Directive template to make this process much simpler.
When you make an Advance Directive, it is important to think about your choices and medical preferences.
What does Advance Directive mean for you?
If you are drafting an Advance Directive because you want to have control when you are unable to communicate, your decisions could come into effect during one of these medical situations:
Depending on the state you live in, signing an Advance Directive could have fewer or more requirements.
Before you write yours, read your state's law and requirements below.
State | Signing Requirement | Law |
---|---|---|
Alabama | 2 witnesses | § 22-8A-4(c)(4) |
Alaska | 2 witnesses or notary Public | §13.52.010(b) |
Arizona | 1 witness or notary Public | § 36-3221(A)(3), § 36-3262 |
Arkansas | 2 witness or notary Public | § 20-6-103(c), § 20-17-202 |
California | 2 witnesses or notary Public | § 4701 |
Colorado | 2 witnesses or notary Public | § 15-18-106(1) |
Connecticut | 2 witnesses | § 19a-575a, § 19a-575 |
Delaware | 2 witnesses | § 2503(b)(1) |
Florida | 2 witnesses | § 765.202(1), § 765.302(1) |
Georgia | 2 witnesses | § 31-32-5(c)(1) |
Hawaii | 2 witnesses or notary Public | § 327E-3(b)(1)(2) |
Idaho | Only the principal | § 39-4510 |
Illinois | 2 witnesses | § 35/3(b) |
Indiana | 2 witnesses | § 16-36-4-8(b)(5), § 16-36-1-7 |
Iowa | 2 witnesses & notary Public | § 144B.3 |
Kansas | 2 witnesses or notary Public | § 65-28,103, § 58-632 |
Kentucky | 2 witnesses or notary Public | § 311.625(2) |
Louisiana | 2 witnesses | § 28:224, § 40:1151.4 |
Maine | 2 witnesses | § 5-803(2) |
Maryland | 2 witnesses | § 5-602(c) |
Massachusetts | 2 witnesses | § 201D-2 |
Michigan | 2 witnesses | § 700.5506(4) |
Minnesota | 2 witnesses or notary Public | § 145C.03 |
Mississippi | 2 witnesses or notary Public | § 41-41-209 |
Missouri | 2 witnesses & notary Public | § 404.705, § 459.015 |
Montana | 2 witnesses | § 50–9–103(1), § 53-21-1304(2)(d) |
Nebraska | 2 witnesses or notary Public | § 30-3404(5), § 20-404(1) |
Nevada | 2 witnesses or notary Public | §162A.790(2), §449A.433(1) |
New Hampshire | 2 witnesses or notary Public | § 137-J:14 |
New Jersey | 2 witnesses or notary Public | § 26:2H-1 |
New Mexico | Only the principal | § 24-7A-2(B), § 24-7A-4 |
New York | 2 witnesses | § 2981 |
North Carolina | 2 witnesses or notary public | § 90-321, § 32A-16(3) |
North Dakota | 2 witnesses or notary public | § 23-06.5-05 |
Ohio | 2 witnesses or notary public | § 2133.02(A)(1), § 1337.12(B)(C) |
Oklahoma | 2 witnesses | § 63-3101.4 |
Oregon | 2 witnesses or notary public | §127 |
Pennsylvania | 2 witnesses | § 5442, § 5452 |
Rhode Island | 2 witnesses or notary public | § 23-4.11-3, § 23-4.10-2 |
South Carolina | 2 witnesses & notary public | § 62-5-503, § 62-5-504, § 44-77-40 |
South Dakota | 2 witnesses or notary public | § 59-7-2.1, § 34-12D-2 |
Tennessee | 2 witnesses or notary public | § 68-11-1803(b), § 34-6-203(a)(3) |
Texas | 2 witnesses or notary public | § 166.154, § 166.164 |
Utah | 1 witness | § 75-2a-107(c) |
Vermont | 2 witnesses | § 9703 |
Virginia | 2 witnesses | § 54.1-2983 |
Washington | 2 witnesses or notary public | § 11.125.050, § 70.122.030 |
Washington D.C. | 2 witnesses | § 7-622(a)(4) & § 21–2205(c) |
West Virginia | 2 witnesses or notary public | § 16-30-4(a) |
Wisconsin | 2 witnesses | § 155.10(1)(c), § 154.03(1) |
Wyoming | 2 witnesses or notary public | § 35-22-403(b) |
Before you write a legal form or document, it is always a good idea to see a sample.
Reviewing what an example of an Advance Directive is will help you write your document. It will:
Look at our example template below:
Some medical documents become part of the process of writing your Advance Directive. Others are similar and can help you or a loved one in an identical situation.
Have a look at the documents below:
You can find templates for all of these legal forms on our website.
To give you more information about Advance Directives and how to write them, we have included responses to some common questions.
Use these answers to make sure you have absolutely everything you need to create your documentation.
When you make your Advance Directive, another legal document you will have to familiarize yourself with is a Living Will.
Although they go hand-in-hand, they aren’t exactly the same.
Depending on the state you live in, at least 1 witness is almost always mandatory. However, this is not always the case.
It is recommended to have at least 2 witnesses, even if you aren’t required to have any witnesses.
You can make a change to your Advance Directive. All you need to do is destroy the one you currently have.
After you have gotten rid of your old one, you might need information on how to get an Advance Directive again.
Use LawDistrict’s template to make your new document in a few simple steps.
Your Advance Directive should be updated if certain changes happen in your life, such as:
Always make sure your legal documents are updated, and check our website for any legal needs or forms.
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