Instructions For Signing Health Care Surrogate, Living Will, And Durable Power Of Attorney

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At the signing:  There must be two witnesses and a notary public present before and during the entire signing of the documents.  The witnesses should not be mentioned in the documents.  The notary may act as one of the witnesses.  The person signing the documents should be prepared to produce a photo identification, such as a driver's license, for the notary unless personally known to the notary. Everyone should sign the documents in blue ink.

Questions by the notary:  Before signing, the notary should ask the following questions of the person signing (Principal), in the presence of the witnesses:    

"Have you read and do you understand this document?"     

"Do you declare that you are signing this document voluntarily and that you have not been coerced into signing?"       

After affirmative response to the above questions, the Principal must sign each document as the name appears on the document.

Organ donation:  On the Health Care Surrogate and Living Will documents, the Principal needs to mark yes or no to the question about organ donation.

Witnesses need to sign:  The witnesses must sign where designated on each document.  The witnesses must also fill in their addresses on the Health Care Surrogate and Living Will.  On the Durable Power of Attorney, the witnesses must print their names under their signature. 

Notary needs to sign: The notary must sign, date and affix his or her seal on the last page of each document. The notary's seal must include his or her exact commissioned name and the notary needs to print his or her name below his or her signature.  Finally, the notary must indicate if the person signing is personally known or the exact type of identification produced.

Notify Health Care Surrogate:  Each person named in the Living Will and Health Care Surrogate should be given a copy of those documents, notifying them that they have been so named.

Copies for doctor:  Give your doctor a copy of the Living Will and Health Care Surrogate.

Original documents:  The original of these documents should be kept in a safe deposit box.  Make sure that the people named in the documents are able to access the safe deposit box.