What Are Advance Directives?

An advance directive outlines your healthcare preferences for situations where you may be too ill to express your wishes. The term “advance directive” often serves as an umbrella for various legal documents, including specific forms required by your state. To ensure your advance directives are legally valid, it’s essential to comply with your state’s specific requirements.

Create Your Advanced Directives

Creating your advance directives is a crucial step in estate planning, and there are three main ways to do it: through an online service, with a lawyer, or by yourself. Each option caters to different needs and budgets, offering flexibility to choose what works best for you, depending on your unique circumstances and the complexity of your estate.

Create Your Advance Directives

Advance Directives Requirements By State

There are 12 states, including Washington, DC, that require specific forms for advance directives.

State Specific Form Required Details Specific Form or Law
Alabama No No specific forms are required. General advance directives are accepted. N/A
Alaska No No specific forms are required. General advance directives are accepted. N/A
Arizona No No specific forms are required. General advance directives are accepted. N/A
Arkansas No No specific forms are required. General advance directives are accepted. N/A
California Yes California has its own Advance Health Care Directive form, which combines a living will and a durable power of attorney for healthcare. See California Probate Code § 4701
Colorado No No specific forms are required. General advance directives are accepted. N/A
Connecticut No No specific forms are required. General advance directives are accepted. N/A
Delaware No No specific forms are required. General advance directives are accepted. N/A
Florida Yes Florida law requires that an advance directive be in writing and signed in the presence of two witnesses, but it does not mandate a specific form. See Florida Statutes: Chapter 765
Georgia Yes Georgia requires the use of a specific form called the Georgia Advance Directive for Health Care, which replaced the state's old living will and durable power of attorney forms in 2007. See Georgia Code, Title 31, Chapter 32
Hawaii No No specific forms are required. General advance directives are accepted. N/A
Idaho No No specific forms are required. General advance directives are accepted. N/A
Illinois Yes Illinois has specific statutory forms for a Health Care Power of Attorney and Living Will, and these forms must be used to comply with state law. See Illinois Compiled Statutes, 755 ILCS 35/1 and 755 ILCS 45/4-1
Indiana No No specific forms are required. General advance directives are accepted. N/A
Iowa No No specific forms are required. General advance directives are accepted. N/A
Kansas No No specific forms are required. General advance directives are accepted. N/A
Kentucky No No specific forms are required. General advance directives are accepted. N/A
Louisiana No No specific forms are required. General advance directives are accepted. N/A
Maine No No specific forms are required. General advance directives are accepted. N/A
Maryland No No specific forms are required. General advance directives are accepted. N/A
Massachusetts No No specific forms are required. General advance directives are accepted. N/A
Michigan No No specific forms are required. General advance directives are accepted. N/A
Minnesota No No specific forms are required. General advance directives are accepted. N/A
Mississippi No No specific forms are required. General advance directives are accepted. N/A
Missouri No No specific forms are required. General advance directives are accepted. N/A
Montana No No specific forms are required. General advance directives are accepted. N/A
Nebraska No No specific forms are required. General advance directives are accepted. N/A
Nevada No No specific forms are required. General advance directives are accepted. N/A
New Hampshire No No specific forms are required. General advance directives are accepted. N/A
New Jersey No No specific forms are required. General advance directives are accepted. N/A
New Mexico No No specific forms are required. General advance directives are accepted. N/A
New York Yes New York has separate forms for a Health Care Proxy and a Living Will. The state encourages the use of its specific forms. See New York Public Health Law, Article 29-C
North Carolina Yes North Carolina has specific forms for a Living Will (also known as an Advance Directive for a Natural Death) and Health Care Power of Attorney, both of which must be notarized. See North Carolina General Statutes, Chapter 32A and Chapter 90-320
North Dakota No No specific forms are required. General advance directives are accepted. N/A
Ohio No No specific forms are required. General advance directives are accepted. N/A
Oklahoma No No specific forms are required. General advance directives are accepted. N/A
Oregon Yes Oregon provides specific forms for its Advance Directive and the Physician Orders for Life-Sustaining Treatment (POLST) form, which must be used to ensure compliance with state law. See Oregon Revised Statutes, 127.505-127.660 and 127.800-127.897
Pennsylvania Yes Pennsylvania provides specific forms for a Durable Health Care Power of Attorney and Living Will, but the state allows for customization within certain legal guidelines. See Pennsylvania Consolidated Statutes, Title 20, Chapter 54
Rhode Island No No specific forms are required. General advance directives are accepted. N/A
South Carolina No No specific forms are required. General advance directives are accepted. N/A
South Dakota No No specific forms are required. General advance directives are accepted. N/A
Tennessee No No specific forms are required. General advance directives are accepted. N/A
Texas Yes Texas has specific forms for the Medical Power of Attorney, Directive to Physicians and Family or Surrogates (Texas living will), and Out-of-Hospital Do Not Resuscitate (DNR) orders. See Texas Health and Safety Code, Chapters 166.032-166.046
Utah No No specific forms are required. General advance directives are accepted. N/A
Vermont No No specific forms are required. General advance directives are accepted. N/A
Virginia Yes Virginia requires the use of specific forms for Advance Directives, including a Durable Do Not Resuscitate (DNR) form. See Virginia Code, § 54.1-2987.1
Washington No No specific forms are required. General advance directives are accepted. N/A
Washington, DC Yes Washington, DC requires the use of specific forms for an Advance Directive, including a Durable Power of Attorney for Health Care and a Living Will. See DC Code, Title 7, Chapter 6
West Virginia No No specific forms are required. General advance directives are accepted. N/A
Wisconsin No No specific forms are required. General advance directives are accepted. N/A
Wyoming No No specific forms are required. General advance directives are accepted. N/A