Can a notary sign an Advance Directive in lieu of2 witnesses, or must it be signed by2 witnesses?

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Can a notary sign an Advance Directive in lieu of2 witnesses, or must it be signed by2 witnesses?

In NJ.

Asked on September 7, 2010 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It appears from the form that it does not have to be notarized but it does have to be signed by two witnesses, neither of which can be a party that has been listed in the document or any other document as your health care representative.  It would stand to reason that 2 witnesses are requested so that should one be unavailable in the event that the document is challenged by a family member or someone else, that there would be at least one witness to testify to your sound mind and competency in signing and giving your directives.  I would take the documents you wish to sign to someone who can make sure that everything you have in place as to your finances and care is done in your best interests under the law.  Good luck.


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