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ABA Family Legal Guide
The Rights of Older Americans
A Right to Control Your Own Affairs
Health-Care Decision-Making Issues
How do I make an advance directive?
Requirements differ from state to state. Many states provide suggested forms, and in a few states, required language for advance directives. Most states have specific witnessing or notary requirements. Follow these requirements closely. Commonly, two witnesses are required; and often, several categories of persons are disqualified from serving as witnesses, such as relatives, heirs, or health-care providers.
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Side Bar - Out-Of-State Directives Many people want to know whether, if they make an advance directive in one state, it will be recognized in other states. In many states, the law expressly honors out-of-state directives. But, in some states, the law is unclear. Realistically, providers will normally try to follow your stated wishes, regardless of the form you use or where you executed it. However, if you spend a great deal of time in more than one state (for example, summers in Wisconsin, winters in Arizona), you may want to consider executing an advance directive for each state. Or, find out whether one document meets the formal requirements of each state. As a practical matter, you may want different health-care agents if the same agent is not easily available in each location. |
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