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Definition of an Advance Directive A written instruction, such as a living will or durable power of attorney for health care, recognized under state law (whether statutory or as recognized by the courts of the State), relating to the provision of health care when the individual is incapacitated.

You don't have to have an attorney to make an Advance Directive, unless you want to. You don't have to get it notarized, but it's a good idea to do so if you can. Make copies and give one to each of your doctors or hospital. Ask your doctor to include it in your medical record.

The rules governing Living Wills vary by state; however, in Maine, your Living Will needs the signatures of two witnesses. As a basic rule, witnesses will need to be over 18 years old, and no witness should simultaneously be acting as your healthcare agent.

Whether or not your home state calls for an official notarization by a notary public, every state in the U.S. requires your advance directive to be signed by witnesses. Some states require both witnesses and notary publics to sign advance directives.

Power of attorney for health care. An adult or emancipated minor with capacity may execute a power of attorney for health care, which may authorize the agent to make any health care decision the principal could have made while having capacity. The power must be in writing and signed by the principal and 2 witnesses.