How to Get Your Living Will Notarized: Step by Step

You have taken the time to create your living will — carefully considered your treatment preferences, chosen a healthcare agent, and documented everything clearly. Now comes a step that trips up many people: getting it notarized. While not every state requires notarization for a living will, many do, and even in states where it is optional, having your document notarized adds an extra layer of legal protection.

The good news is that getting a document notarized is simpler, faster, and more affordable than most people expect.

Does your state require notarization?

The requirements vary by state. Here is a general breakdown:

• States requiring notarization: Some states, such as South Carolina, require that your living will be notarized in addition to being witnessed.
• States requiring witnesses only: Many states require two witnesses but do not require notarization. However, getting notarized anyway can provide added legal weight.
• States accepting either: Some states accept either notarization or witnesses, giving you flexibility.

Even if your state does not require notarization, it is generally a good practice. Notarization verifies your identity and confirms that you signed the document voluntarily. If your living will is ever challenged — which, while rare, does happen — notarization provides strong evidence of authenticity.

Step 1: Print your living will but do not sign it yet

This is the most common mistake people make. You must sign your living will in the presence of the notary public. If you have already signed it, the notary cannot notarize it — they need to witness your signature in person to verify your identity and willingness.

Print at least two copies of your completed living will. Bring both unsigned copies to the notary so you have an original for your records and one for your healthcare agent or physician.

Step 2: Find a notary

Notaries are more accessible than you might think. Here are the most common places to find one:

• Your bank or credit union: Most banks offer free notary services to account holders. Call ahead to confirm availability and schedule an appointment.
• UPS Store, FedEx Office, or similar shipping stores: These locations typically have notaries available for a small fee (usually $5 to $15 per signature).
• Your employer: Many larger companies have notaries on staff in their HR or legal departments.
• Law offices: If you have a relationship with an attorney, their office will typically notarize documents for free or a nominal fee.
• Libraries and government offices: Some public libraries and local government offices offer notary services, often for free.
• Mobile notaries: If you have mobility limitations, mobile notaries will come to your home. They charge more (typically $50 to $150), but the convenience can be worth it.
• Online notarization: Many states now allow remote online notarization (RON), where you connect with a notary via video call. This is convenient but check that your state recognizes remotely notarized advance directives.

Step 3: Bring proper identification

The notary needs to verify your identity. Acceptable identification typically includes:

• Valid driver’s license or state-issued ID
• U.S. passport
• Military ID

Expired identification is generally not accepted. If you do not have a current government-issued ID, contact the notary in advance to discuss alternative identification options.

Step 4: Bring your witnesses (if required)

If your state requires both notarization and witnesses — which several states do — you will need to bring your witnesses with you to the notary appointment. Most states require two witnesses who:

• Are at least 18 years old
• Are not your healthcare agent or alternate agent
• Are not your healthcare provider or an employee of your healthcare provider
• Are not related to you by blood or marriage (in some states)
• Do not stand to inherit from your estate (in some states)

Your witnesses will need to bring their own identification. Coordinate schedules in advance so everyone can be present at the same time.

Step 5: Sign and notarize

The actual notarization process is quick — usually under 10 minutes:

1. The notary checks your ID
2. You sign the document in front of the notary (and witnesses, if applicable)
3. Your witnesses sign (if applicable)
4. The notary applies their stamp and signature
5. The notary records the notarization in their journal

Step 6: Distribute copies

Once your living will is signed, witnessed, and notarized, distribute copies to the people who need them:

• Your healthcare agent (and alternate agent)
• Your primary care physician
• Any specialists you see regularly
• Your spouse or partner
• Close family members who should be aware
• Your attorney, if you have one
• Your local hospital, which may add it to their records

Keep the original in a safe but accessible place. A fireproof home safe or a clearly labeled folder is ideal. Avoid putting it in a bank safe deposit box — those can be difficult to access in an emergency, especially if you are the only person authorized to open it.

What it costs

In most cases, getting a living will notarized costs little to nothing:

• At your bank: Usually free for account holders
• At a UPS Store or similar: $5 to $15 per signature
• Mobile notary: $50 to $150 (includes travel fee)
• Online notarization: $25 to $50

Given the importance of the document, even the higher-end options are a small price to pay for the peace of mind that your living will is fully executed and legally solid.