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Does Living Will HAVE to be notarized to be legal?

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JfRdearn

Junior Member
What is the name of your state?What is the name of your state? PA
Law is consolidated statute 5404 from 1992

We are updating the living will for my mother in accordance with the PA state laws. We obtained free forms from PA registry of wills/living wills and are in process of filling out.
I noticed the intstructions are not specifying that the document after being signed and witnessed is to be notarized. No where does the PA law mandate that. I have read other forums where the lawyers advice is to always to get it notarized but wondered why it is not mandated in the PA instructions to make the document legal and binding. Is it advised or required to have the living will notarized to make it legal?
Will a healthcare provider disallow the form when presented for use if it is not notarized or is it a lawyer's recommendation to cover this formality?

Also, they give some open text on the form for "other instructions" --without getting into the nitty gritty, what other instructions can we provide?

thanks-- first post here.
Son of an elder care patient who is looking to prevent a situation like what happened with Terri Schiavo.
 


JETX

Senior Member
JfRdearn said:
Is it advised or required to have the living will notarized to make it legal?
From a PA website:
There is no express provision in the Pennsylvania statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;
Source: http://www.medlawplus.com/library/legal/states/pennsylvania.tpl?page=lw

Also:
http://www.pamedsoc.org/Content/NavigationMenu/Patients/Tips,_Tools_and_Takeaways/Dignity_in_Life,_Dignity_in_Death.htm
http://www.unitedspinal.org/pages.php?catid=114&pageid=152&text=
 

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