How to make a Health Care Power of Attorney depends upon where you live. A growing number of states have Health Care Power of Attorney laws that provide special forms and signing procedures. Examples include Alaska, California, the District of Columbia, Idaho, Kansas, Nebraska, Illinois, Nevada, Oregon, Rhode Island, Texas, Utah and Vermont.

Some of these laws include special witness requirements or restrictions on whom you can appoint as your agent (such as prohibiting a health care provider from being your agent). Follow these rules very carefully.

In states without special laws, follow the general rules for executing durable powers of attorney for property. Typically, states require only a notarized signature, but it is very important to check for special rules in your state. Even where witnesses are not required, consider using them anyway in order to reinforce the deliberate nature of your act and to increase the likelihood that the document will be recognized in other states.