Can a living will be signed electronically?

Electronic execution is generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where adopted, but exceptions and state-specific formalities may apply; confirm your state’s rules before relying on e-signatures.

How many witnesses are required?

Witness requirements vary by state and form; many states require two witnesses but some accept one or none; check the statutory form for the exact witness count to ensure enforceability.

Is notarization required?

Some states require a notary acknowledgment or allow a self-proving affidavit; when notarization is required, use in-person or approved RON procedures that meet state standards.

How do I revoke or update it?

You can generally revoke by executing a later advance directive, signing a written revocation, or informing your provider and agent; deliver revocation notices to facilities and healthcare providers promptly.

Where should I store signed copies?

Keep the original with your agent, give copies to your primary care provider and local hospital, and consider uploading to a state registry or secure cloud storage for rapid access.

Who can sign if I am incapacitated?

You must sign while competent; a healthcare agent cannot execute a living will on your behalf after incapacity — agents act to make decisions under a separate power of attorney instrument.

Electronic Signature
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Statutory Living Will Declaration

Statutory Living Will Declaration

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

REVOCATION OF
LIVING WILL DECLARATION

I, , Declarant,

executed a Living Will Declaration on the day of ,
20

IC 16-36-4-12 provides that a living will declaration or a life prolonging procedures will declaration may be revoked at any time by the declarant by any of the following:

(1) A signed, dated writing.

(2) Physical cancellation or destruction of the declaration by the declarant or another in the declarant's presence and at the declarant's direction.

(3) An oral expression of intent to revoke.

This is my written revocation as indicated above of my Declaration and is provided to all persons to whom I have provided a copy of that Declaration.

DATED this the day of , 20

Signature of Declarant:

Printed Name of Declarant:

Address of Declarant:

What a Statutory Living Will Declaration Is

A Statutory Living Will Declaration is a state-prescribed advance directive that records an individual’s preferences about life-sustaining treatment and related medical decisions if they become incapacitated and cannot communicate. The form typically names treatment preferences, may identify a healthcare agent or surrogate, and follows statutory language to increase enforceability during medical care decisions.

Why a Statutory Living Will Declaration Matters

Completing a Statutory Living Will Declaration clarifies medical treatment preferences, reduces disputes among family and providers, and aligns care with your wishes; electronic execution is generally recognized under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, subject to limited exceptions.

Who Typically Prepares and Relies on This Declaration

Keep copies with your medical record, give a copy to your agent, and review after major health changes.

Adults with chronic or terminal illnesses who want documented treatment preferences.
Designated healthcare agents or family members acting under written instructions.
Attorneys and health‑care proxies preparing a complete set of advance care documents.

Stepwise Process to Complete the Declaration

Follow these steps to prepare a clear, enforceable Statutory Living Will Declaration.

01

Review Statute: Check your state's statutory form or required language first.
02

Provide Information: Complete name, DOB, agent, preferences, and effective date.
03

Execute Properly: Sign in front of required witnesses or notary per state law.
04

Distribute Copies: Give copies to your agent, primary care provider, and hospital record.

Where to Send or File Your Completed Declaration

After execution, route the declaration to care teams and registries as appropriate to ensure accessibility when needed.

Primary Care Provider: Provide a signed copy for inclusion in your outpatient medical record.
Hospital or Specialist: Give a copy when admitted or treated to ensure staff follow preferences.
Healthcare Agent: Deliver an original or certified copy to your named agent for immediate access.
State Registry: Upload to a state advance directive registry where available and permitted.

Digital Workflow Settings for Online Completion

Configure the online form with fields and authentication that match state witnessing and notarization rules.

Field	Configuration
Signature Field	Allow e-sign or digital signature depending on state acceptance
Witness Field	Add two witness signature fields where state requires
Notary Field	Enable RON or in-person notary option per jurisdiction
Conditional Fields	Show clinical-options only when user selects related preference

Technical and Compatibility Considerations

Choose a platform that preserves a tamper-evident audit trail and lets you export signed records in common archival formats.

File Formats: PDF and DOCX supported
Integrations: Connect with EHRs and cloud storage platforms
Signer Authentication: Support email, SMS code, KBA, and RON

Essential Information the Form Collects

Declarant Name: Full legal name

Date of Birth: MM/DD/YYYY

Healthcare Agent: Name, phone, relationship

Medical Preferences: DNR, ventilation, nutrition choices

Witness Details: Witness names and signatures

Notary Acknowledgment: Notary signature and seal

Common Preparation Errors to Avoid

Using abbreviations or nicknames that don’t match medical records or ID, which can delay recognition and verification.
Failing to follow state witness or notary formalities, risking the document being treated as nonbinding in emergencies.
Vague or conflicting treatment instructions that leave clinicians uncertain and may lead to default life-sustaining care.
Not distributing signed copies to providers and your designated agent, reducing the chance your preferences are available when needed.

Consequences of an Invalid or Incomplete Declaration

Unenforceability: State may decline to follow it

Medical Default: Clinicians provide standard life-sustaining care

Family Disputes: Increased litigation or contested decisions

Care Delays: Time lost while verifying intent

Record Gaps: Missing documentation in medical chart

Revocation Confusion: Unclear revocation can complicate care

Timing, Review, and Submission Expectations

There is no universal filing deadline; follow local rules and update your declaration after major life events or every few years.

Provide Immediately:

Give a signed copy to your clinician and agent upon execution.

Hospital Admissions:

Present the declaration at admission to become part of the record.

Periodic Review:

Review and update every 3–5 years or after health changes.

Registry Submission:

Submit to a state registry within 30 days where required.

Revocation Notice:

Revoke in writing and notify providers to avoid conflicts.

eSignature Vendor Comparison for Executing the Declaration

Key vendor differences for organizations choosing an eSignature provider; signNow appears first per platform comparison convention.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About Statutory Living Will Declarations

Answers to common questions about execution, e-signing, witnesses, notarization, revocation, and storage of advance directives.

Need help? Contact support

Can a living will be signed electronically?
Electronic execution is generally valid under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes where adopted, but exceptions and state-specific formalities may apply; confirm your state’s rules before relying on e-signatures.
How many witnesses are required?
Witness requirements vary by state and form; many states require two witnesses but some accept one or none; check the statutory form for the exact witness count to ensure enforceability.
Is notarization required?
Some states require a notary acknowledgment or allow a self-proving affidavit; when notarization is required, use in-person or approved RON procedures that meet state standards.
How do I revoke or update it?
You can generally revoke by executing a later advance directive, signing a written revocation, or informing your provider and agent; deliver revocation notices to facilities and healthcare providers promptly.
Where should I store signed copies?
Keep the original with your agent, give copies to your primary care provider and local hospital, and consider uploading to a state registry or secure cloud storage for rapid access.
Who can sign if I am incapacitated?
You must sign while competent; a healthcare agent cannot execute a living will on your behalf after incapacity — agents act to make decisions under a separate power of attorney instrument.

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