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State Laws

A living will takes effect when a doctor determines that the person lack the capacity to make his/her own health care decisions.  There are certain legal requirements for making a living will.  The person must be at least 18 years old and of “sound mind.”  He/she should also be able to sign the documents, and may require witnesses and/or a notary public present.  This requirement may vary according to state laws.  A person can change or revoke the living will at any time with prior notification to his/her doctors and family.

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