EstateTalk™
The forms provided here are samples of what are called “advance directives”. EstateTalk provides these forms in order to give you a general idea of the contents of such forms. In some cases you can adopt these for your own use, however, please be aware that THESE FORMS ARE NOT ACCEPTABLE IN ALL STATES. SOME STATES REQUIRE THE USE OF CERTAIN FORMS, called “state-specific” forms. Regardless of how you proceed we encourage you to consult an attorney familiar with the advance directive laws of the state(s) where you spend most of your time.
Alabama, Kansas, Kentucky, Oklahoma, Oregon, South Carolina and Utah REQUIRE STATE-SPECIFIC FORMS for ALL ADVANCE DIRECTIVES.
Nevada, New Hampshire, Ohio and Texas REQUIRE STATE-SPECIFIC FORMS for HEALTHCARE POWERS OF ATTORNEY.
Indiana, Minnesota and Washington, D.C. REQUIRE STATE-SPECIFIC FORMS for LIVING WILLS.
California, Connecticut, Delaware, Georgia, New York, North Dakota, South Carolina, Vermont and Washington, D.C. have SPECIAL REQUIREMENTS FOR THE WITNESSING OF ALL ADVANCE DIRECTIVES under certain circumstances, particularly where one lives in a nursing home or other institutional setting.
If you spend time in two or more states, you should be sure that you have forms prepared that are acceptable in each state since such forms are usually needed at times of crisis and failure to have the approved form might create controversy and/or cause delay.
Some states have state-prepared or approved forms but do not REQUIRE that you use their forms. Regardless of the state(s) in which you live or spend time, appropriate forms are available from lawyers who specialize in elder law, wills, estate planning, etc. and you are advised to seek the advice of such an attorney in order to be certain that your living will, will, trust documents (if any), powers of attorney and overall estate plan accomplish your goals and adhere to legal requirements of the state(s) where they may be needed.
In the interim, you might be able to find sample forms for some or all advance directives for your state of residence, if any have been prepared or required by your state, by using a search engine such as Google. In the search blank enter the name of the form that you need and then the name of your state, for example: Financial Durable Power of Attorney New York – or - Healthcare Durable Power of Attorney Texas. In some states the word Medical is used instead of the word Healthcare. In some cases it may be best to search using only the words - Durable Power of Attorney - and the name of your state. Not all states have forms, and some have one kind of form but not another. Avoid the use of quotation marks in your search.
Once you have a page of search results scroll down through them looking for an official page from your state and some language indicating that the link contains some version of the form you are seeking. Most states having such forms make them accessible on the Internet at no cost. If you prefer you can submit a question requesting the form you need to us here at EstateTalk and we will attempt to find the form for you.
With respect to the SPECIAL REQUIREMENTS FOR THE WITNESSING OF ALL ADVANCE DIRECTIVES, if you live in California, Connecticut, Delaware, Georgia, New York, North Dakota, South Carolina, Vermont or Washington, D.C. you are strongly advised to seek the advice of an attorney specializing in elder law, wills, estates, etc. to be certain that your advance directives comply with the requirements of those states.
To access a SAMPLE FORM click on the form you wish to see:
Health Care General Durable Power of Attorney
Financial General Durable Power of Attorney
Living Will Declaration, Example 1
Living Will Declaration, Example 2
Please remember THESE ARE SAMPLES AND MAY NOT BE VALID IN YOUR STATE. As always, you are urged to seek the advice of an attorney.
In some circumstances you may wish to consider a “health-care proxy”. This is a written document authorizing one or more trusted individuals (with whom you have discussed your wishes) to communicate with health care professionals as to your desires regarding both medical and end-of-life issues. A proxy is similar to a power of attorney in some respects but may not need to be prepared by an attorney. If you are interested in a “health-care proxy”, try a Google search using that phrase along with the name of your state of residence to see if your state has an approved form available.
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