It is a trivial thing, but making sure that the living will or health care directive that we choose is legal in the state that we reside in is imperative. And also it should be legal in the state/s that we vacation/winter/summer in. And maybe even those states that we might travel through to get to our vacation destination/seasonal home. It might not be an issue at the moment, but there may come a time when we decide to spend an extended period of time closer to our families, or maybe away from the snow and ice for a season. Taking care to cover our options at the beginning could make things easier later on.
Seems a bit ridiculous, but what my recommendation is for us to make the extra effort to have the signatures meet our local requirements, and beyond. In some states it is perfectly acceptable to have our spouse sign the form as a witness, or as one of the witnesses. In some states it can't be a spouse. And in some, not even a relative or our designate. And in some states the witness signatures need to be "notarized".
So pick a couple of friends or acquaintances for the witnessing. They are only witnessing our signatures, not the document, so it is not necessary to share those very private decisions with others. If you feel the need to have the document notarized, by all means do so.
It takes only a few minutes. And maybe even our own decision to involve some close friends in witnessing our signatures, if they haven't already done so, might open up their own discussion for end of life preparations.
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