Living will updating

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Living will updating

My Dad has a will
field in Boerne, TX.
He lives in Biloxi,
Ms. He has a paper
copy that he has been
updating in Biloxi
and installing each
change. Are these
changes legal or
should he get a
notary?

Asked on January 17, 2019 under Estate Planning, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

For a living will or advance health care directive (as it is more formally known) to be valid in MS, your father's signing of it must either be witnesssed by two witnesses, who then each sign in each other's presence; or it must be notarized. Failing to have it witnessed or notarized makes it ineffective. The best way to make sure it will be given effect is to draft up a clean copy, incorporating the changes, then have it witnessed or notarized as your father signs.


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