What is essential for the validity of an Advance Directive?

The validity of an Advance Directive is primarily contingent upon it being properly executed, which often means having it witnessed or notarized. This requirement serves as a safeguard to ensure that the document reflects the genuine intentions of the individual and to prevent potential fraud or coercion. Many states have specific laws that outline the criteria for what constitutes a valid Advance Directive, including the necessity of signatures from witnesses or a notary public, which confirms that the individual executing the directive is doing so voluntarily and is of sound mind.

While some states may have different requirements, generally, the witnessing or notarization process is crucial because it provides an official verification of the document's legitimacy. Other options, such as filing it with a state agency or sending copies to family members, may enhance the effectiveness of the directive in practice, but they do not constitute essential steps for its valid execution. Additionally, creating an Advance Directive after a major medical event does not inherently affect its validity; it is the manner of its execution that is critical.