Yes, in most states you can notarize a living will online. Whether your living will or advance directive needs to be notarized depends entirely on your state – some states require a notary specifically, others accept either a notary or two witnesses, and a few need witnesses only with no notary at all. This is one of the most state-variable documents in estate planning, more so than a will, a power of attorney, or a deed. Online notary service handles the notarization option in about 10 minutes for $25, once you know which category your state falls into.
Does a Living Will Need to Be Notarized?
It depends entirely on your state, more so than almost any other document. Unlike a will (which generally needs witnesses, not a notary) or a deed (which always needs a notary everywhere), living will and advance directive requirements fall into three genuinely different categories depending on where you live, with no single national standard to fall back on.
| Category | Example States | What’s Required |
| Notarization specifically required | Iowa, Kansas, Missouri, Montana, North Carolina, West Virginia | A notary, not witnesses |
| Either notary or witnesses satisfies it | California, Oregon | A notary or two witnesses |
| Witnesses only, no notary needed | New York, Maryland, Delaware | Two witnesses, no notary |
Notary vs. Witnesses vs. Both: Why the Difference Matters
This unusual variation exists because a living will occupies a unique legal space – it’s not quite like a will (which almost universally uses witnesses) and not quite like a deed (which almost universally uses notarization). States have taken genuinely different approaches to verifying that someone’s end-of-life wishes are authentic and voluntarily made, without any national consensus on which approach is best.
• States requiring notarization specifically treat the notary’s identity verification and impartial witnessing as the standard safeguard, similar to how many other legal documents work in that state’s broader legal system.
• States accepting either notary or witnesses give you flexibility to choose whichever is more convenient at the time, without weakening the document’s validity either way.
• States requiring witnesses only rely on the traditional will-style safeguard of multiple disinterested people confirming the signing, without involving a notary in the process at all, similar to how most wills are handled nationally.
Because these categories are so different, assuming your neighbor’s advance directive process applies to you – especially if they live in a different state – is one of the most common mistakes people make with this document, and one of the easiest to avoid by simply checking your own state’s specific rule first.
Who Can’t Serve as a Witness?
In states that require witnesses, either instead of or alongside notarization, the witnesses generally can’t be just anyone – most states impose specific restrictions to keep the process free of conflicts of interest, since the whole point is having someone truly independent confirm the signing was genuine.
• Your named healthcare agent – the person you’re appointing to make decisions on your behalf typically can’t also serve as a witness to the document appointing them, to avoid a conflict of interest that could undermine the document’s credibility later.
• Your attending physician or healthcare provider – someone directly involved in your medical care is usually excluded from witnessing, to avoid any appearance of influence over your medical decisions or the terms you’ve chosen to include.
• Blood relatives, spouses, or heirs with an inheritance interest – many states exclude anyone who could financially benefit from your death, similar to restrictions on will witnesses in most states, since that financial interest could call the witness’s objectivity into question.
These restrictions vary by state, so confirming your witnesses actually qualify before your signing session avoids having to redo the entire document with new witnesses, which can be a frustrating delay when the document is time-sensitive.
How Do You Notarize a Living Will or Advance Directive Online?
In states where notarization is accepted or required, electronic notarization follows the same core process as any other document, with the added step of confirming your state’s specific witness requirements beforehand, since that determines who else needs to be part of your session.
1. Confirm your state’s requirement – notary, witnesses, or either – before starting, since this determines exactly how your session needs to be structured and who needs to be involved from the very first step.
2. Complete your living will or advance directive, specifying your healthcare wishes and, if applicable, naming a healthcare agent to act on your behalf when you no longer can.
3. Upload the unsigned document to your online notarization platform, in whatever format you drafted it in.
4. Verify your identity with a government ID scan and a knowledge-based or biometric check, the same standard verification used for any other notarized document.
5. Join a live video session with a notary commissioned in a state that authorizes remote online notarization for this specific document type.
6. Sign on camera, with any required witnesses joining the same session if your state calls for both a notary and witnesses together, coordinated within a single continuous appointment.
7. Receive your notarized document, ready to share with your healthcare agent, family, and physician so everyone has a copy on file well before it’s ever actually needed.
BlueNotary charges a flat $25 for this notarization, with sessions typically taking about 10 minutes, in states where the service is accepted for this document, the same rate as any other notarized document on the platform.
See BlueNotary’s advance directive resource page for more on what to include, or start remote online notarization directly.
What’s the Difference Between a Living Will and an Advance Directive?
These terms are often used interchangeably, but there’s a technical distinction worth knowing, especially since some state forms treat them as separate documents while others combine them.
• Living will: specifically states your wishes for medical treatment in situations where you can’t communicate them yourself, such as end-of-life care preferences around life support, resuscitation, or artificial nutrition.
• Advance directive: the broader umbrella term, which typically includes both a living will and a durable power of attorney for healthcare naming someone to make decisions on your behalf when you can’t do so yourself.
In everyday use, and in most state forms, the two terms overlap heavily, and many states combine both documents into one single combined form rather than treating them as entirely separate paperwork requiring separate signings.
Not sure which category your state falls into, or who qualifies as a witness where you live? Email BlueNotary directly at [email protected] and the team will help you out.
Ready to notarize your living will or advance directive? Notarize This Document Online Now at sessions run about 10 minutes for $25, with more than 20,000 certified notaries available to connect live.
FAQ Section
1. Does a living need to be notarized?
It depends on your state. Some require notarization specifically, some accept either a notary or witnesses, and some require witnesses only.
2. Can I use witnesses instead of a notary for my advance directive?
In some states, yes. States like California and Oregon accept either a notary or two witnesses, giving you flexibility.
3. Who can’t witness my living will?
Typically your named healthcare agent, your attending physician, and blood relatives or heirs with an inheritance interest are excluded in most states.
4. Can I notarize a living will online?
Yes, in states that accept notarization for this document and authorize remote online notarization generally.
5. What’s the difference between a living will and an advance directive?
A living will state your medical treatment wishes specifically. An advance directive is the broader term, often including a healthcare power of attorney as well.
6. How much does it cost to notarize an advance directive online?
BlueNotary charges a flat $25 per document, with sessions typically taking about 10 minutes, in states where the service applies.
