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What is a Healthcare Directive (Advance Directive)?

A healthcare directive (also known as an advance directive or living will) is a legal document that outlines your wishes for medical treatment if you become unable to communicate. It typically includes a living will (treatment preferences) and a healthcare power of attorney (appointing a proxy to make decisions on your behalf).

When do you need one?

Every adult should have a healthcare directive. It is especially important before surgery, during serious illness, when aging, or when planning for incapacity. Without one, family members may disagree on treatment, and courts may need to intervene.

Does it need to be notarized?

Requirements vary by state. Many states require notarization, witness signatures, or both. Notarization is always recommended regardless of state requirements to ensure the document is accepted by all healthcare providers.

Can you notarize a Healthcare Directive (Advance Directive) online in your state?

Remote online notarization is authorized in 45 states, and a notarization performed under a state’s RON law is generally recognized in the others — so signers in states without their own RON statute can usually still notarize online with a commissioned notary elsewhere. Whether this document is eligible, and whether it needs witnesses, depends on your state and on the party who will accept it. Select your state for its specific rules.

Alabama Valid via out-of-state notaryAlaska RON authorized since 2021Arizona RON authorized since 2020Arkansas RON authorized since 2020California Law pending — valid via out-of-state notaryColorado RON authorized since 2020Connecticut RON authorized since 2023Delaware Law pending — valid via out-of-state notaryDistrict of Columbia RON authorized since 2023Florida RON authorized since 2020Georgia Valid via out-of-state notaryHawaii RON authorized since 2024Idaho RON authorized since 2020Illinois RON authorized since 2022Indiana RON authorized since 2019Iowa RON authorized since 2020Kansas RON authorized since 2021Kentucky RON authorized since 2020Louisiana RON authorized since 2022Maine RON authorized since 2023Maryland RON authorized since 2020Massachusetts RON authorized since 2023Michigan RON authorized since 2019Minnesota RON authorized since 2019Mississippi Law pending — valid via out-of-state notaryMissouri RON authorized since 2020Montana RON authorized since 2019Nebraska RON authorized since 2020Nevada RON authorized since 2019New Hampshire RON authorized since 2022New Jersey RON authorized since 2022New Mexico RON authorized since 2021New York RON authorized since 2023North Carolina RON authorized since 2023North Dakota RON authorized since 2019Ohio RON authorized since 2019Oklahoma RON authorized since 2020Oregon RON authorized since 2022Pennsylvania RON authorized since 2020Rhode Island RON authorized since 2023South Carolina Valid via out-of-state notarySouth Dakota RON authorized since 2020Tennessee RON authorized since 2019Texas RON authorized since 2018Utah RON authorized since 2019Vermont RON authorized since 2022Virginia RON authorized since 2012Washington RON authorized since 2020West Virginia RON authorized since 2021Wisconsin RON authorized since 2020Wyoming RON authorized since 2021

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Frequently asked questions

Does a healthcare directive need to be notarized?
Requirements vary by state. Many states require notarization, witnesses, or both. Notarization is always recommended to ensure acceptance by hospitals and providers.
What is the difference between a living will and a healthcare directive?
A living will only states your treatment preferences. A healthcare directive combines a living will with a healthcare power of attorney — naming someone to make decisions on your behalf.
Can I change my healthcare directive?
Yes. You can revoke or update your healthcare directive at any time while mentally competent. Create a new document, notify your healthcare agent, and provide copies to your doctors.
Is a healthcare directive the same as a DNR?
No. A DNR (Do Not Resuscitate) is a specific medical order. A healthcare directive is broader — it covers many types of treatment and names a decision-maker.
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