Legal Question in Wills and Trusts in Virginia
Does the witness of a signing of an Advanced Medical Directive need to be a notary, or may it be anyone other than those signing?
Asked on 2/01/13, 12:28 pm
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Would seem to depend upon the particular document that is being executed.
(Sometimes, the only witness may be the notary herself.)
Answered on 2/02/13, 9:50 am
Paul B. Ward
Law Offices of Paul B. Ward
A written advance directive shall be signed by the declarant in the presence of two subscribing witnesses. "Witness" means any person over the age of 18, including a spouse or blood relative of the declarant. Employees of health care facilities and physician's offices, who act in good faith, shall be permitted to serve as witnesses for purposes of this article.
There is no requirement for any of the signatures to be notarized.
Answered on 2/02/13, 4:52 pm
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