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Health Care Power of Attorney Requirements by State

A health care power of attorney lets you name a person, often called an agent, proxy or surrogate, to make medical decisions for you if you cannot make or communicate them yourself. Each state sets its own rules for this document in its statutes, including what the document is called and what formalities make it valid.

50 states and DC compared. Last checked .

At a glance

Witnesses: range
0 witnesses to 2 witnesses
Across the 50 jurisdictions with a single statewide figure.
Notary required
28 of 51
States and DC where the answer is yes or yes in some cases.

Compare health care power of attorney requirements

This guide compares those signing rules side by side: the name the state statute uses for the document, how many witnesses must watch you sign, whether a notary is required or can take the place of witnesses, and who is not allowed to serve as a witness. Each state page links to the statute the rule comes from.

51 of 51 shown

Document nameWho cannot witnessSources
ALAlabamaAdvance directive for health care (health care proxy)The proxy can be part of a living will or a separate document, and the proxy must accept the appointment in writing.2 witnessesNoProxy, relatives, heirs, anyone paying your medical careAlso excluded: the person who signs for you at your direction.
AKAlaskaDurable power of attorney for health care2 witnesses or a notaryNotary or 2 witnessesAgent, staff of your health care provider or facilityAlso health care providers employed where you get care. At least one witness cannot be a relative by blood, marriage or adoption or an heir under your will or by law.
AZArizonaHealth care power of attorney1 witness or a notaryNotary or 1 witnessYour agent and anyone providing your health careA sole witness also cannot be a relative by blood, marriage or adoption or an heir.
ARArkansasDurable power of attorney for health care2 witnesses or a notaryNotary or 2 witnessesAgentAt least one witness cannot be a relative by blood, marriage or adoption or an heir under your will or by law.
CACaliforniaPower of attorney for health care (advance health care directive)2 witnesses or a notaryNotary or 2 witnessesAgent, health care providers, care facility operators and staffAt least one witness cannot be a relative by blood, marriage or adoption or an heir.
COColoradoMedical durable power of attorneyNone requiredNoNot applicable (no witnesses required)
CTConnecticutAppointment of health care representative2 witnessesNoHealth care representative you appointResidents of DMHAS or DDS facilities need one unaffiliated witness and one physician, APRN or psychologist witness.
DEDelawarePower of attorney for health carePart of Delaware's Uniform Health-Care Decisions Act (2023).1 witnessNoAgent and agent's spouse, partner or cohabitantIf you live or get care in a nursing home or long-term care facility, its owner, operator, employees and contractors cannot witness.
DCDistrict of ColumbiaDurable power of attorney for health care2 witnessesNoHealth care provider and the provider's employeesAt least one witness cannot be a relative by blood, marriage or adoption or an heir under a current will or by law.
FLFloridaDesignation of health care surrogate2 witnessesNoSurrogateAt least one witness cannot be your spouse or a blood relative.
GAGeorgiaAdvance directive for health care (health care agent)2 witnessesNoAgent, heirs, others who gain at your death, caregiversNo more than one witness may be an employee, agent or medical staff member of the facility treating you.
HIHawaiiPower of attorney for health care2 witnesses or a notaryNotary or 2 witnessesAgent, health care providers and their employeesAt least one witness cannot be a relative by blood, marriage or adoption or an heir.
IDIdahoAdvance care planning document (ACPD)Naming a health care agent is optional content of the ACPD.None requiredNo (optional)None set by statute (witnesses optional)
ILIllinoisPower of attorney for health care (statutory short form)1 witness (statutory form)NoAgents, relatives, your doctors and similar cliniciansAlso: relatives of you or your agents, relatives of your clinicians, and owners or operators of your care facility.
INIndianaAdvance directive (health care representative)2 witnesses or a notaryNotary or 2 witnessesPerson who signs for you; 1 witness must be a non-relativeAt least one witness cannot be your spouse or other relative.
IAIowaDurable power of attorney for health care2 witnesses or a notaryNotary or 2 witnessesAgent, attending provider and staff, anyone under 18At least one witness cannot be a relative by blood, marriage or adoption within the third degree.
KSKansasDurable power of attorney for health care decisions2 witnesses or a notaryNotary or 2 witnessesAgent, relatives, heirs, anyone paying your health careNeither witness may be related by blood, marriage or adoption.
KYKentuckyAdvance directive designating a health care surrogateA living will directive under KRS 311.623 may designate one or more adults as surrogate to make health care decisions.2 witnesses or a notaryNotary or 2 witnessesBlood relatives, heirs, attending physician, payers, facility staffAlso bars a facility employee where the grantor is a patient, unless that employee serves as the notary. The same limits apply to the notary.
LALouisianaMandate (power of attorney) for health care decisionsAuthority to make health care decisions must be given expressly in the mandate. A living will declaration may also designate a person to make treatment decisions.None for a mandate (2 for a living will declaration)NoDeclaration witnesses: no relatives or heirsFor a living will declaration, a witness must be an adult not related by blood or marriage and not entitled to any part of the estate. No witness rules apply to a mandate.
MEMainePower of attorney for health care2 witnessesNoNone listed in the statute18-C M.R.S. 5-803 and the optional form in 5-805 require 2 witnesses but list no one who is barred from witnessing.
MDMarylandAdvance directive appointing a health care agent2 witnessesNoAgent; 1 witness must not be a beneficiaryAt least one witness must not knowingly be entitled to any part of the estate or any financial benefit from the death. Facility staff and physicians may witness.
MAMassachusettsHealth care proxy2 witnessesNoHealth care agent
MIMichiganPatient advocate designation2 witnessesNoSpouse, close relatives, heirs, devisees, physician, advocateAlso employees of the patient's life or health insurer, a treating health facility, a home for the aged where the patient lives, or a treating community mental health program.
MNMinnesotaHealth care directive (health care power of attorney)2 witnesses or a notaryNotary or 2 witnessesAgent or alternate; limits on care providersAt least one witness must not be a health care provider giving direct care, or its employee, on the date of signing. A notary may be such an employee.
MSMississippiPower of attorney for health care2 witnesses or a notaryNotary or 2 witnessesAgent, health care providers and their employeesAt least one witness must not be related by blood, marriage or adoption and must not be entitled to any part of the estate.
MOMissouriDurable power of attorney for health careNone requiredYesNot applicable (no witnesses required)
MTMontanaDurable health care power of attorneyA declaration under the Rights of the Terminally Ill Act may also designate another person to decide on life-sustaining treatment.None stated for a POA (2 for a declaration)NoNot listed
NENebraskaPower of attorney for health care2 witnesses or a notaryNotary or 2 witnessesSpouse, close relatives, heirs, devisees, physician, agentAlso a mental health treatment team member, romantic or dating partner, or life or health insurer employee. No more than one witness may work for a provider treating you.
NVNevadaPower of attorney for health care2 witnesses or a notaryNotary or 2 witnessesNursing home staff if you live there; form also bars the agentNRS 162A.790 bars a nursing home owner, operator or employee if you live there. The statutory form in NRS 162A.855 also says a witness cannot be the person named as agent.
NHNew HampshireAdvance directive (durable power of attorney for health care)2 witnesses or a notaryNotary, justice of the peace or 2 witnessesAgent, spouse, heirs, beneficiaries, attending practitionerAlso people under the attending practitioner's direction. No more than one witness may be your health or residential care provider or its employee.
NJNew JerseyAdvance directive for health care (proxy directive)The directive names a health care representative.2 witnesses or a notaryNotary, attorney or 2 witnessesHealth care representative
NMNew MexicoPower of attorney for health careNone requiredNoNot applicable (no witnesses required)
NYNew YorkHealth care proxy2 witnessesNoAgentResidents of certain mental hygiene facilities need at least one witness not affiliated with the facility, plus a qualified clinician witness in some cases.
NCNorth CarolinaHealth care power of attorney2 witnesses plus a notaryYes, in addition to 2 witnessesRelatives (3rd degree), heirs, estate claimants, treating staffAlso the attending physician or mental health provider, their paid licensed health care employees, and paid staff of a facility, nursing home or adult care home where you are a patient or resident.
NDNorth DakotaHealth care directive (power of attorney for health care)A health care directive may include a power of attorney for health care, health care instructions, or both.2 witnesses or a notaryNotary or 2 witnessesAgent, spouse, relatives, heirs, creditors, attending physicianAt least one witness cannot be a direct care provider or its employee. The same exclusions apply to the notary, who may be an employee of a care provider.
OHOhioDurable power of attorney for health care2 witnesses or a notaryNotary or 2 witnessesRelatives, agent or alternate, attending physicianThe administrator of a nursing home where the principal receives care is also ineligible.
OKOklahomaPower of attorney for health careAn advance directive for health care under 63 O.S. 3101.4 can also appoint a health care proxy, and only that route covers life-sustaining treatment decisions.2 witnesses or a notaryNotary or 2 witnessesLegatees, devisees or heirs at law of the principalWitnesses must be at least 18. The statutory advance directive form says witnesses shall not be related to the signer and shall not inherit from the signer.
OROregonAdvance directive (appointing a health care representative)2 witnesses or a notaryNotary or 2 witnessesAttending physician or provider, health care representativeAlternate health care representatives also cannot witness.
PAPennsylvaniaHealth care power of attorney2 witnessesNoPerson who signs for youSection 5452 lists no other witness exclusions.
RIRhode IslandDurable power of attorney for health care2 witnesses or a notaryNotary or 2 witnessesAgent, health care providers and staff, care facility operatorsAt least one witness or the notary must declare they are not related to the principal and not entitled to the estate.
SCSouth CarolinaHealth care power of attorney2 witnessesNo (optional)Relatives, heirs, beneficiaries, agents, attending physicianAlso excluded: anyone financially responsible for care or with a claim on the estate, and staff of the attending physician. No more than one witness may work at the principal's health care facility.
SDSouth DakotaDurable power of attorney for health care2 witnesses or a notaryNotary or 2 witnessesNone listed beyond being an adult other than youSDCL 59-7-2.1 lists no further witness exclusions.
TNTennesseeDurable power of attorney for health care (or advance directive)The Tennessee Health Care Decisions Act also lets a person appoint an agent in an advance directive under 68-11-1803.2 witnesses or a notaryNotary or 2 witnessesAgent; 1 witness must be unrelated and not an heirThe document must include an attestation clause confirming the witnesses meet these rules.
TXTexasMedical power of attorney2 witnesses or a notaryNotary or 2 witnesses1 witness cannot be agent, relative, heir or providerThat witness also cannot be the attending physician or staff, certain health care facility employees, or anyone with a claim against the estate.
UTUtahPower of attorney for health care1 witnessNoAgent, agent's spouse or cohabitantIf the individual lives or receives care in a nursing home or assisted living facility, its owner, operator, employees and contractors also cannot witness.
VTVermontAdvance directive (appointing a health care agent)2 witnessesNoAgent, spouse, parent, adult sibling, child or grandchildA health care provider may serve as a witness.
VAVirginiaAdvance directive (appointing an agent)2 witnessesNoNone beyond age; spouse and relatives may witnessAny person over 18 may witness, and employees of health care facilities and physician's offices acting in good faith may serve.
WAWashingtonPower of attorney with health care authorityWashington uses its general Uniform Power of Attorney Act; health care authority is covered by RCW 11.125.400.2 witnesses or a notaryNotary or 2 witnessesRelatives of principal or agent, home and facility care providersWitnesses cannot be related to the principal or agent by blood, marriage or state registered domestic partnership, or be the principal's home care or facility care providers.
WVWest VirginiaMedical power of attorney2 witnesses plus a notaryYes, in addition to 2 witnessesRelatives, will beneficiaries, attending physician, representativesAlso excluded: a person who signs for the principal and anyone directly financially responsible for the principal's medical care.
WIWisconsinPower of attorney for health care2 witnessesNoRelatives, heirs, agent, payers, care providersExcluded providers include the principal's provider and staff and inpatient facility staff, except chaplains and social workers.
WYWyomingPower of attorney for health care (advance health care directive)2 witnesses or a notaryNotary or 2 witnessesTreating provider and staff, agent, care facility staffOperators and employees of community care and residential care facilities cannot witness.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

Related documents

Health Care Power of Attorney Requirements: state by state

Frequently asked questions

What is the difference between a health care power of attorney and a living will?

A health care power of attorney names a person to make medical decisions for you. A living will states your own wishes about treatment, such as life support, in advance. Some states combine both into a single advance directive form.

Is a health care proxy the same as a health care power of attorney?

In general, yes. States use different names for the document that appoints a medical decision maker, such as health care proxy, durable power of attorney for health care, or designation of health care surrogate. The state page shows the name used in that state's statute.

Does a financial power of attorney cover medical decisions?

Usually not. A financial power of attorney covers money and property. Medical decisions are normally handled by a separate health care power of attorney, which can have different witness and notary rules than the financial document.

Do I need a lawyer to make a health care power of attorney?

No state requires a lawyer to sign one. Many states publish an optional statutory form. What matters is that the document is signed with the witnesses or notary the state requires. A lawyer can help if your situation is complex.

Can my agent also be one of my witnesses?

Witness rules are set by each state statute, and the person you name as agent is commonly excluded from witnessing. Check the witness restrictions on your state's page before choosing witnesses.

Which states have the highest and lowest witnesses?

Among the 50 jurisdictions with a single statewide figure, witnesses ranges from 0 witnesses (Colorado, Idaho, Louisiana, Missouri and New Mexico) to 2 witnesses (Alabama, Alaska, Arkansas, California, Connecticut and the District of Columbia and others). The most common figure is 2 witnesses (41 jurisdictions). Check each state's page for exceptions.

Notary required: which states say yes?

Of the 51 jurisdictions we checked, the answer is yes in 3 jurisdictions, in some cases in 25, no in 23. Yes: Missouri, North Carolina and West Virginia. In some cases: Alaska, Arizona, Arkansas, California, Hawaii, Indiana, Iowa, Kansas, Kentucky, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Texas, Washington and Wyoming.

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