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Signing Requirements
A medical power of attorney must be signed by two witnesses.[1]
A living will must be signed by two witnesses and a notary public.[2]
The witnesses cannot be:
- Related to the principal by blood, marriage, or adoption;
- Financially responsible for the principal’s medical care;
- A beneficiary of the principal’s estate, assets, or life insurance policy;
- The principal’s healthcare agent;
- A person with a claim against the principal’s estate; or
- The principal’s physician or their employee.
No more than one witness can be an employee of the principal’s medical facility.
Revocation
Living Will
A principal can revoke a living will by destroying it (or having someone else do so) or by oral statement.[3] An incapacitated principal’s agent can revoke a living will by written or oral statement. Revocations take effect upon notifying the physician.
Medical Power of Attorney
A principal can revoke a medical power of attorney by any method that expresses an intent to revoke to their agent or physician, such as a verbal or written statement.[4]