The Advance Health Care Directive (AHCD) does the same core job in every state: it lets you name someone to make health care decisions for you and share your treatment wishes. What changes by state is the exact legal wording, document title, and sometimes signing requirements or extra companion forms.
This article outlines what is nuanced on a state-by-state basis for the Advance Health Care Directive form.
What stays the same in most states
Most AHCD forms include:
Naming a health care agent (and backups)
When your agent can act
Your treatment choices (including end-of-life preferences)
Organ donation / after-death wishes
Revocation language (canceling prior directives)
Witness and/or notary signature sections
What changes by state
State | Form name(s) | When agent authority starts | End-of-life wording highlights | Who must sign |
AL (Alabama) | Health Care Proxy + Living Will | State-specific incapacity standard (physician findings) | Standard choices + terminal/permanent unconsciousness concepts | 2 witnesses |
AK (Alaska) | Advance Health Care Directive | Choice in form | Standard combined language | 2 witnesses or notary |
AZ (Arizona) | Health Care Power of Attorney + Living Will | Choice in form | Standard combined language | 1 witness or notary |
AR (Arkansas) | Advance Directive | Choice in form | Standard combined language | 2 witnesses or notary |
CA (California) | Advance Health Care Directive | Choice in form (immediate or on incapacity) | California statutory language (near death/unconsciousness/burden-benefit + pain relief) | 2 witnesses or notary |
CO (Colorado) | Advance Medical Directive | State-specific: while lacking “decisional capacity” | Standard combined language | 2 witnesses or notary |
CT (Connecticut) | Advance Health Care Directive | State-specific incapacity finding by provider | Standard combined language | 2 witnesses (notary acknowledgment may appear) |
DE (Delaware) | Advance Health-Care Directive | State-specific: while lacking capacity | Standard combined language | 2 witnesses |
DC (District of Columbia) | Durable Power of Attorney for Health Care + Declaration | State-specific: upon and during incapacitation | Standard combined language | 2 witnesses |
FL (Florida) | Advance Directive (Living Will format) | In surrogate form: choice in form (immediate or on incapacity) | Terminal condition, end-stage condition, persistent vegetative state | 2 witnesses |
GA (Georgia) | Advance Directive for Health Care | Choice in form | Standard combined language | 2 witnesses |
HI (Hawaii) | Durable POA for Health-Care Decisions + Advance Health-Care Directive | Choice in form | Standard combined language | 2 witnesses or notary |
ID (Idaho) | Advance Care Planning Document | Choice in form | Standard combined language | Notary authentication used in this version |
IL (Illinois) | Health Care Agency + Declaration | Choice in form | Standard combined language | 2 witnesses |
IN (Indiana) | Appointment of Health Care Representative + Treatment Wishes | Choice in form | Standard combined language | 2 witnesses or notary |
IA (Iowa) | Durable POA for Health Care + Declaration | Choice in form | Standard combined language | 2 witnesses or notary |
KS (Kansas) | Durable POA for Health Care Decisions + Declaration | Choice in form | Standard combined language | 2 witnesses or notary |
KY (Kentucky) | Advance Directive | State-specific physician incapacity determination | Standard combined language | 2 witnesses or notary |
LA (Louisiana) | Procuration + Declaration | Choice in form | Standard combined language | 2 witnesses |
ME (Maine) | Advance Health Care Directive | Choice in form | Standard combined language | 2 witnesses |
MD (Maryland) | Advance Directive | Choice in form | Standard combined language | 2 witnesses |
MA (Massachusetts) | Health Care Proxy | State-specific incapacity standard (MA law) | Standard combined language | 2 witnesses |
MI (Michigan) | Patient Advocate Designation | State-specific: when unable to participate in decisions | Standard combined language | 2 witnesses |
MN (Minnesota) | Health Care Power of Attorney + Health Care Directive | Choice in form | Standard combined language | 2 witnesses or notary |
MS (Mississippi) | Advance Health Care Directive | Choice in form | Standard combined language | 2 witnesses or notary |
MO (Missouri) | Durable Power of Attorney for Health Care | Choice in form (POA section) | End-of-life declaration is in separate document | Notary required |
MT (Montana) | Advance Health Care Directive | State-specific: when no longer able to make medical decisions | Standard combined language | 2 witnesses |
NE (Nebraska) | Power of Attorney for Health Care | State-specific incapacity determination | Standard combined language | 2 witnesses or notary |
NV (Nevada) | Durable POA for Health Care Decisions | Choice in form | Standard combined language | 2 witnesses or notary |
NH (New Hampshire) | New Hampshire Advance Directive Form | Choice in form | Includes life-sustaining treatment and permanently unconscious wording | 2 witnesses or notary |
NJ (New Jersey) | Advance Directive for Health Care | State-specific: for decisions where capacity is lacking | Standard combined language | 2 witnesses or notary |
NM (New Mexico) | Advance Health-Care Directive | Choice in form | Standard combined language | Witness route used in this version |
NY (New York) | Health Care Proxy | State-specific: when unable to make own decisions | Standard combined language | 2 witnesses |
NC (North Carolina) | Health Care Power of Attorney + Advance Directive for a Natural Death | State-specific physician incapacity trigger | Incurable/irreversible condition; life-prolonging measures | 2 witnesses and notary |
ND (North Dakota) | Health Care Directive | Choice in form | Standard combined language | 2 witnesses or notary |
OH (Ohio) | Durable Power of Attorney for Health Care | State-specific: loss of informed decision-making capacity | Terminal condition + permanently unconscious | 2 witnesses or notary |
OK (Oklahoma) | Advance Directive for Health Care | State-specific physician + second physician determination | Standard combined language | 2 witnesses |
OR (Oregon) | Advance Directive | Choice in form | Standard combined language | 2 witnesses or notary |
PA (Pennsylvania) | Health Care Power of Attorney | Choice in form | Standard combined language | 2 witnesses |
RI (Rhode Island) | Rhode Island statutory health care agent form | Timing is less explicit in main form text | Life-sustaining procedure language (statutory RI format) | 2 witnesses or 1 notary |
SC (South Carolina) | Health Care Power of Attorney | State-specific: during mental incompetence | Standard combined language | 2 witnesses (notary acknowledgment may appear) |
SD (South Dakota) | Durable POA for Health Care + Living Will | State-specific: when incapable of informed consent | Standard combined language | 2 witnesses preferred; notary-only has limited effect |
TN (Tennessee) | Durable POA for Health Care + Living Will | Choice in form | Standard combined language | 2 witnesses or notary |
TX (Texas) | Advance Directive (Texas Directive to Physicians and Family or Surrogates) | In MPOA: physician certifies lack of capacity | Terminal condition + irreversible condition + life-sustaining treatment language | 2 witnesses or notary |
UT (Utah) | Advance Health Care Directive | Choice in form | Standard combined language | 1 witness |
VT (Vermont) | Advance Directive | Choice in form | Standard combined language | 2 witnesses |
VA (Virginia) | Advance Directive | State-specific: incapable of informed decision | Standard combined language | 2 witnesses |
WA (Washington) | Power of Attorney for Health Care + Health Care Directive | Choice in form | Standard combined language | 2 witnesses or notary |
WV (West Virginia) | Medical Power of Attorney + Living Will | State-specific: inability to give/withhold informed consent | Standard combined language | 2 witnesses and notary |
WI (Wisconsin) | Power of Attorney for Health Care + Declaration to Health Care Professionals (Wisconsin Living Will) | Choice in form (immediate or statutory incapacity) | Terminal condition, persistent vegetative state, feeding tube choices | 2 witnesses (same-time signing rule) |
WY (Wyoming) | Advance Health Care Directive | Choice in form | Standard combined language | 2 witnesses or notary |