Health care directive in Washington: form, signing and who decides

The form, who can witness, who can be your agent and who decides if you have no directive in Washington.

Checked against official sources: October 31, 2026.

Short answer

Durable power of attorney for health care (and a separate health care directive under the Natural Death Act)

Official form
Health Care Directive
How to sign
Notarized or signed by two adult witnesses
Who decides without a directive
Yes

The document and its form

Document
Durable power of attorney for health care (and a separate health care directive under the Natural Death Act)
Official form
Health Care Directive (suggested form in RCW 70.122.030)Published by Washington State LegislatureVersion: Statutory text as amended by Laws of 2025, ch. 56 (pregnancy clause removed)

You do not have to use it.

Living will

Health Care Directive

The living will is a separate document.

A health care directive says whether you want life-sustaining treatment withheld or withdrawn if you are in a terminal condition or a permanent unconscious condition, and whether you want artificially provided nutrition and hydration. It is separate from the durable power of attorney for health care. You can add other specific directions.

Living will

Law: RCW 70.122.030

Signing rules

How to sign

Each document is signed and then either acknowledged before a notary public or signed in front of two qualified witnesses. The witness rules for the health care directive and for the durable power of attorney for health care are different.

Who signs

Health care directive: signed by you (the declarer). Durable power of attorney for health care: signed and dated by you, as for any power of attorney.

Notary
A notary or witnesses (your choice)
Witnesses
2 (instead of a notary)
Who cannot witness

Health care directive witnesses cannot be related to you by blood or marriage, cannot be people who would inherit from you under your will or by law, cannot have a claim against your estate, and cannot be your attending physician, the physician's employee, or an employee of a health facility where you are a patient. Durable power of attorney witnesses cannot be related to you or your agent by blood, marriage or registered domestic partnership, and cannot be your home care provider or a care provider at an adult family home or long-term care facility where you live.

Nursing facilities and special settings

For a power of attorney, a care provider at an adult family home or long-term care facility where you live cannot be a witness.

Law: RCW 11.125.050

Law: RCW 70.122.030(1); RCW 11.125.050

Who can be your agent and what the agent can do

Who cannot be your agent

Your physicians, their employees, and the owners, administrators or employees of a health care facility or long-term care facility where you live or get care cannot be your health care agent unless they are your spouse, state registered domestic partner, parent, adult child, brother or sister.

Law: RCW 11.125.400(3)

When the agent starts

A durable power of attorney for health care takes effect when signed unless it says it starts later, for example on incapacity. If it starts on incapacity and no one you named makes the decision, a physician or licensed psychologist who examined you and is unrelated to you or the agent can determine incapacity in writing. Health care authority must be expressly granted in the power of attorney.

Law: RCW 11.125.090; RCW 11.125.240(1)(l)

Decisions an agent cannot make

A health care agent's authority has the same limits as a guardian's: for example, without a court order the agent cannot consent to electroconvulsive therapy, psychosurgery or other psychiatric procedures restricting freedom of movement, unless you consented in a mental health advance directive. No rights under the Death with Dignity Act can be exercised through an agent.

Law: RCW 11.125.400(3), 11.130.335; RCW 11.125.420

Revoking and conflicting documents

Revoking your agent

You revoke a durable power of attorney for health care in the same way as any power of attorney; an agent's authority also ends when a divorce, annulment or legal separation action is filed between you and a spouse or registered domestic partner agent, unless the document says otherwise.

Law: RCW 11.125.100

Revoking your instructions

You can revoke a health care directive at any time, whatever your mental state, by destroying it (or having someone destroy it in your presence at your direction), by a signed and dated written revocation, or by telling someone verbally. A written or verbal revocation takes effect when it is communicated to your attending physician.

Law: RCW 70.122.040

Telling others

Tell your attending physician. The physician must record the revocation in your medical record.

Divorce ends a spouse's authority
Yes · Divorce rules in Washington (Divorce Law Map)

Law: RCW 70.122.040; RCW 11.125.100

If you have no directive

Who decides without a directive

This is a priority list. A provider goes to the next group only if no one in a higher group is reasonably available. No one can consent if a person in a higher group refused, or if people in the same group do not all agree. The decision-maker must first decide what you would want; if that cannot be known, they decide in your best interest.

  1. Your guardian, if any
  2. Your agent under a durable power of attorney that covers health care
  3. Your spouse or state registered domestic partner
  4. Your adult children
  5. Your parents
  6. Your adult brothers and sisters
  7. Your adult grandchildren who are familiar with you
  8. Your adult nieces and nephews who are familiar with you
  9. Your adult aunts and uncles who are familiar with you
  10. A close adult friend who signs a declaration under penalty of perjury (not your doctor, a facility owner or employee, or a paid caregiver)

Law: RCW 7.70.065(1)

Other states, registry and medical orders

Signed in another state

A health care directive made in another state is valid to the extent Washington law and federal constitutional law allow. A power of attorney (including one for health care) signed in another state is valid if signed under the law it names or where it was signed.

Law: RCW 70.122.030(3); RCW 11.125.060

POLST (medical orders)

Portable Orders for Life Sustaining Treatment (POLST)

Official page

Mental health directive

You can make a mental health advance directive under chapter 71.32 RCW. It must be in writing, dated and signed, and either notarized or witnessed in writing by at least two adults who know you and were present when you signed. If it names an agent, it must include words showing the agent's authority continues if you become incapacitated.

Law: RCW 71.32.060

Law: RCW 70.122.130; RCW 43.70.480

Free notice: revoke or change a health care directive

Names and addresses of people and facilities that should know. They go into your letter only.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

Free help in Washington

Report abuse or exploitation

Adult Protective Services (DSHS Aging and Long-Term Support Administration)

Questions about powers of attorney in Washington

How do I sign a health care directive in Washington?

Each document is signed and then either acknowledged before a notary public or signed in front of two qualified witnesses. The witness rules for the health care directive and for the durable power of attorney for health care are different.

Who decides my health care if I have no directive in Washington?

This is a priority list. A provider goes to the next group only if no one in a higher group is reasonably available. No one can consent if a person in a higher group refused, or if people in the same group do not all agree.

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