Yes. You must sign the document in the presence of two witnesses in order for any of the different types of advance directives to be valid. The witnesses then sign the form. For the living will and the appointment of health care agent, an optional form is provided in this booklet. It is called a witnesses’ affidavit. It is the witnesses’ sworn statement that they saw you sign the living will or appointment form and you were of sound mind and it was your free choice to do so. In the event that there is a dispute regarding your living will or appointment of a health care agent, the witnesses` affidavits support its validity. This affidavit requires the use of an attorney or notary public.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified estate planning lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local estate planning attorney to discuss your specific legal situation.