Free Advance Directive Forms
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What Is an Advance Directive?
An Advance Medical Directive is a legal document a competent adult uses to set a medical treatment plan in certain circumstances [1].
Other names for an Advance Directive include:
- Advance Health Care Directive
- Advance Medical Directive
- Health Care Directive (Healthcare Advance Directive or Health Care Advance Directive)
- Advance Decision
An Advance Directive also outlines the medical care treatment preferences and assigns an agent to make healthcare decisions if you become unable to. You assign this agent (also known as health care proxy or health care surrogate) when you are creating your document.
What Is the Purpose of an Advance Directive?
The purpose of advance care planning is to give the person who signs it (the principal) the authority to express their health care wishes and choose medical and life-sustaining treatments they would like to receive.
Medical professionals and your agent work together to address your life care wishes.
This comes into effect only when the principal becomes unable to communicate, such as in an end-of-life situation. If you do not self-select an agent ahead of time, your spouse, adult child, another blood relative, or a court-appointed guardian may decide treatment options for you.
What Should Be Included in an Advance Directive Form?
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 [2].
These are the different parts that should be included within the Advance Directive:
- Living Will: This notifies your family and healthcare providers of your preference of various kinds of treatment or operations you would accept or refuse if you are unable to communicate or are deemed an incapacitated person.
- Medical Power of Attorney: It assigns the person of your choice to be responsible for making decisions about the medical type of care you received. This person is usually a family member or friend.
How To Write an Advance Directive
Follow this step-by-step guide on how to write your Advance Directive. This way, you know exactly what to include.
- Name and Medical POA: Fill in your name to declare the Directive that you are of legal age and a competent adult, and assign your health care agent. Potential agents can include a spouse, adult child, a relative or close friend or a lawyer. Include any limitations your MPOA has on medical and life decisions.
- Alternate Agents: Select up to 3 substitute health care agents. Include their addresses and phone numbers, as well as their limitations.
- Expiration date: Declare you understand the powers of the Power of Attorney continue indefinitely (Durable Power of Attorney) or until the day you decide. Choose an expiry day that the Power of Attorney will expire if you prefer this option
- Original and copies of the MPOA: Fill in who has your document, as well as the contact information. Include the same information for any copies.
- Living Will: Choose to declare the medical treatment and life-sustaining procedures you would or would not receive in an end-of-life situation. Include any other specific health care instructions if you wish.
- Witness signatures: Include the declaration, contact information and signatures of your witnesses. This includes your signature as well.
- Notarization: If you want to include a notary public as a witness in your Advance Directive, write a declaration for them to sign.
- Distribute MPOA: Your health care agent(s) and health care professionals should have copies of your MPOA. Any healthcare facilities that may provide you with medical care should also have these healthcare instructions.
Take advantage of our Advance Directive template to make this process much simpler.
Advance Directive Decisions
When you make an Advance Directive, it is important to think about your choices and medical preferences, such as desires for emergency care, do-not-resuscitate orders (DNR), blood transfusions, comfort care, organ and tissue donation, and more.
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 healthcare and treatment decisions could come into effect during one of these medical situations [3]:
- Terminal illness: You have an end-stage condition or incurable illness.
- Vegetative state: You are not conscious and there is little hope for improvement.
Advance Directive Laws by State and Requirements
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) |
Example of an Advance Directive
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:
- Help you know what to include
- How to outline your document
- Ensure you don’t make any mistakes
Look at our example template below:

Advance Directive FAQs
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.
A Living Will is a type of advance directive. Other advance directives include power of attorney for health care (health care surrogate designation), medical orders or health care instructions, and a mental health treatment preference declaration.
| Advance Directive | Living Will |
|---|---|
| Includes preferences regarding end-of-life treatment, not limited to terminal condition | Includes preferences concerning end-of-life decisions and treatment |
| Assigns a Medical Power of Attorney | Does not assign a Medical Power of Attorney |
| Can prohibit CPR during emergency care | Does not prohibit CPR on its own, but may detail your desire for or against CPR. |
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. Your healthcare surrogate cannot be a witness, and one of your witnesses must not be a spouse or blood relative.
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.
It is important to inform your primary care doctor of any changes and ensure that a new directive is updated in your medical records. Additionally, remember to include new directives in hospital or nursing home charts. It's also advisable to discuss any changes with your healthcare team, legal representative, family, and friends.
Your Advance Directive documents should be adjusted if you experience a change in your healthcare preferences or after certain changes happen in your life, such as:
- Being diagnosed with a new illness or medical condition
- Moving to a new state
- Divorcing your spouse
Always make sure your legal documents are current, and check our website for news and updates.
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