State law requirements regarding the use of statutory forms

States sometimes explicitly require the use of statutory forms. Directions such as "must be substantially in the following form" have the same effect. States that appear to require use of the statutory form are listed below. The living will and health care power of attorney form available at this site should only be used as an attachment to a statutory form in these states.

Just because state law does not recognize a certain type of advance directive, does not necessarily mean that such a directive would not be followed. Whatever forms you use make certain that you follow your state’s signature, witness, and notary requirements.

The following states appear to be require statutory living will forms:

California  

District of Columbia 

Georgia

Indiana  

Kansas

Kentucky  

Minnesota  (recently revised- this may not be current)

North Carolina  

North Dakota  

Pennsylvania 

Rhode Island 

South Carolina 

Utah 

Wisconsin  

The following state appear to require statutory durable health care power of attorney forms:

North Dakota  

Rhode Island 

(This table was updated in July of 1998.)

Statutory forms may be obtained from Choice in Dying’s web site (choices.org).

Why we do not recommend statutory forms when they are not required.

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