How can I obtain the forms required for a free living will or advance directive?

Michelle asked...

How can I obtain the forms required for a free living will or advance directive? If I fill out a form in the presence of a notary and have it signed, will that be sufficient?

Expert Answer

Barbara Repa, a Caring.com senior editor, is an attorney, a journalist specializing in aging issues, and the author of Your Rights in the Workplace (Nolo), now in its 10th edition.

Your best bet may be to head for the nearest hospital -- or the one in which you would likely receive treatment -- and ask the patient representative or someone staffing the department of social services for the forms used and accepted there. The friendlier types may even help provide advice for completing them if you get stuck along the way.

If this is not convenient for you, you might try downloading the form specific to your state form the U.S. Living Will Registry website , which contains state links. As the site notes, however, there is no assurance that the form you download will be the most current one.

State laws differ as to what it takes to finalize advance directives. All of them require that the person making it must sign the document or direct someone else to do so. In addition, the laws require that the signing must be witnessed by either one or two witnesses -- or a notary, sometimes both witnesses and a notary. The witnessing and notarizing requirements also differ from state to state, but should be clearly explained on the document itself.