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Preparing the Forms

1. Must my advance directives be witnessed?

Yes, every state has some witnessing requirement. Most require two adult witnesses; some also require a notary. The purpose of witnessing is to confirm that you are really the person who signed the document, you were not forced to sign it, and you appeared to understand what you were doing. Read the forms carefully to be sure that the witnessing is done properly.

2. Who can be a witness?

All states require that your witnesses be adults. Beyond that, the requirements vary from state to state.

Generally, a person you appoint as your agent or alternate agent cannot be a witness. In some states your witnesses cannot be any relative by blood or marriage, or anyone who would benefit from your estate. Some states prohibit your doctor and employees of a health care institution in which you are a patient from acting as witnesses. Again, read the instructions carefully to see who can and cannot be a witness.

3. What should I do with my completed advance directives?

Make several photocopies (xerox copies) of the completed forms. Keep the original forms in a safe but easily accessible place, and tell others where you put them; you can also note on the photocopies the location where the original forms are kept. DO NOT KEEP YOUR ADVANCE DIRECTIVES IN A SAFE DEPOSIT BOX; other people may need access to them.

Give photocopies to your agent and alternate agent. If you have a living will only, be sure your doctor has a xerox copy and give copies to everyone who might be involved with your health care, such as your family, clergy, or friends. Your local hospital may also be willing to file your advance directives in case you are admitted there in future.

4. How can I be sure my advance directives will be honored?

Simply completing advance directives will not ensure that your wishes will be honored. These documents are tools to help the decisionmaking process. Their effectiveness depends largely on the way you prepare your loved ones and other caregivers for their use.

To best protect your treatment wishes, you should do two things:

  • Take the time to think your feelings through and express them fully, so that your advance directives truly reflect your treatment wishes.

  • Talk openly about your wishes with your family, your friends, and your doctor. Don't assume that they know what you would want; research shows that family's and physicians' guesses about a patient's preferences are often mistaken. Talking with the people who may have to act on your behalf ensures that they understand your wishes, gives them a chance to ask questions, and also lets you deter-mine whether they will follow your wishes, even if your choices differ from theirs.


This booklet was produced by the AFSCME Retiree Program in cooperation with Choice in Dying, Inc., a national non-profit organization. Choice in Dying provides advance directives for all states, eduction about end-of-life medical care, and help in resolving conflicts about end-of-life issues. For more information on these subjects, including the specific laws of your state, contact:

 

Choices in Dying
200 Varick Street, 10th Floor
New York, NY 10014-4810
1-800-989-WILL
AFSCME Retiree Program
1625 L Street N.W.
Washington, DC 20036-5687

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