Notarize Medical Directives

California

• •Advance Health Care Directive governed by Probate Code 4701
• •Must be either notarized OR signed by two witnesses
• •Witnesses cannot be your healthcare agent, provider, or facility operator
• •POLST form is signed by physician (no notarization needed)
• •Both notarization and witnessing are equally valid

California gives you the choice: notarize your advance directive or have it witnessed by two adults. Notarization is often easier since you only need one notary instead of two witnesses.

Texas

• •Directive to Physicians requires two witnesses (not notarization)
• •Medical Power of Attorney must be signed by two witnesses
• •Out-of-Hospital DNR requires physician signature
• •Notarization is not required but adds extra legal protection
• •Mental Health Treatment Declaration can be notarized

Texas medical directives primarily rely on witnesses rather than notarization. However, having them notarized provides an additional layer of legal protection.

Illinois

• •Healthcare Power of Attorney requires one witness
• •Living Will (Declaration) requires two witnesses
• •POLST form signed by physician
• •Witnesses cannot be the healthcare agent
• •Notarization is recommended but not required for most forms

Illinois healthcare directives rely on witnesses. Notarization is optional but recommended, especially if the documents may be used in another state.

Does a medical directive need to be notarized?

Requirements vary by state. California allows either notarization or two witnesses. Florida requires two witnesses (notarization optional). New York requires two witnesses. Texas and Illinois primarily require witnesses. Notarization is always recommended for extra legal strength.

What is the difference between a living will and a healthcare POA?

A living will states your wishes about specific medical treatments. A healthcare POA names someone to make medical decisions for you. Most people should have both.

Can a hospital notarize medical directives?

Some hospitals have notaries on staff, but many do not. Mobile notaries who specialize in hospital visits can come to the patient's bedside for notarization.