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Signing Requirements
An advance directive must be signed by at least one disinterested witness.[1]
The following persons are ineligible to serve as a witness:
- The principal’s agent
- A person who signed on the principal’s behalf
- The principal’s relative by blood or marriage
- A beneficiary to the principal’s estate or property
- A person who would benefit financially from the principal’s passing
- A person financially responsible for the principal’s health care
- The principal’s healthcare provider or a healthcare facility administrator
Revocation
The principal may revoke an advance directive by destroying or defacing it, executing a written statement, or instructing someone to do either method.[2]
The document may also be revoked verbally if witnessed by an adult who is not:
- Related by blood or marriage;
- Entitled to the estate or benefitting financially from the principal’s death;
- Financially responsible for the principal’s medical care;
- The principal’s healthcare provider or administrator of the facility; or
- The successor agent after the revocation.
Furthermore, a decree of annulment, divorce, or separation revokes the spouse or partner’s authority to act as an agent.