Is a Notary Required for a California Living Will?

By Teo Spengler

Advanced health care directives allow you some control over end-of-life decisions. A living will is an advance health care directive in which you list out the types of medical treatment that are acceptable and unacceptable to you. Living wills are enforced in California if properly witnessed, although a notary is not always required.

Advanced Health Care Directives

The time may come when you are not able to make medical decisions for yourself. California residents can control these issues to some extent by making advanced health care directives, legal documents naming an agent to make medical decisions and setting up boundaries about the types of care received.

Power of Attorney and Living Will

California authorizes two kinds of health care documents. One is a durable power of attorney for health care, in which you identify the person you wish to manage your medical care if you become incompetent. The other is the living will in which you set out your decisions about end-of-life issues, like whether your life should be prolonged if you are in an irreversible coma.

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Witness Requirements

In California, you must sign your health care directive or else direct another adult to sign it in your presence. Your signature must then be acknowledged either by a notary public or by two adult witnesses. Employees of your health care provider or care facility are among those who cannot serve as witnesses.

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How to Write a Florida Living Will

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Does a Last Will & Testament Need to Be Notarized in California?

Because a last will and testament will not go into effect until the maker dies, many jurisdictions require that a notary public verify the signature. California is not among them. The state probate code sets forth the various forms of wills valid in California, and while some mandate witnesses, none require a notarized signature.

Illinois Laws on Wills

A valid will can nominate someone to manage your estate and detail how your property should be distributed when you die. In Illinois, wills must comply with the Illinois Compiled Statutes, which address requirements such as the age and mental condition of the person making the will. If your will doesn't meet these requirements, it may be declared invalid, and your estate will be distributed according to state law.

Are Living Wills Legal in Florida?

A living will is a legal document that allows you to set forth what types of medical treatment you do and do not want to receive should you become incapable of consenting to such procedures at a future date. In Florida, a living will is legal as long as it meets the requirements set forth in the state's statutes. It is binding unless revoked and must be honored by a treating physician.

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