Free Advance Health Care Directive - Revocation

The Revocation is not enforceable or effective until the Principal's attending physician has been notified of the Revocation. Therefore, a copy of the Revocation must be provided to the Principal's attending physician or to someone who will deliver it to the Principal's health care provider.

Because the attending physician or health care provider must receive notice of the Revocation, it is recommended that the Revocation be mailed by certified mail to the provider's last known address. Alternatively, a copy of the Revocation may be hand-delivered to the provider, in which case the provider should sign the document acknowledging receipt of the Revocation.

If the Principal is a patient in a health care institution, a copy of the Revocation should be placed in the Principal's medical chart. In Mississippi, the Revocation should be filed with the Mississippi Bureau of Vital Statistics of the State Board of Health.

It is possible to revoke an advance directive by executing a new advance directive or by using the Revocation of Advance Health Care Directive document provided by this program.

Many states specify that an advance directive may be revoked at any time and in any manner. However, the best method is to provide a written, signed and dated revocation to the Agent (if any) and the appropriate health care providers.

Although other documents require a witness or notary, legal principles encourage the recognition of a revocation without the necessity of such formalities.

Note: In many states, the revocation document may be considered ineffective until your Agent and/or physician have been notified of the revocation.

1. Although an Advance Health Care Directive may be effectively revoked under a variety of methods, it is recommended that this formal, written revocation be used. The Revocation of Advance Health Care Directive should be signed and dated by the person making the Revocation. If the Revocation is being executed by a resident of Mississippi, New Hampshire, New Mexico, Vermont or Wyoming, two disinterested witnesses must sign the Revocation. If the Revocation is being executed by a resident of Kansas, it must generally be signed by two adult witnesses or notarized. In other states, even though witnesses may not be technically required, the use of a witness formalizes the document and provides added assurance that the Revocation will be recognized.

2. The Revocation is not enforceable or effective until the Principal's attending physician has been notified of the Revocation. Therefore, a copy of the Revocation must be provided to the Principal's attending physician or to someone who will deliver it to the Principal's health care provider.

3. Because the attending physician or health care provider must receive notice of the Revocation, it is recommended that the Revocation be mailed by certified mail to the provider's last known address. Alternatively, a copy of the Revocation may be hand-delivered to the provider, in which case the provider should sign the document acknowledging receipt of the Revocation. If the Principal is a patient in a health care institution, a copy of the Revocation should be placed in the Principal's medical chart. In Mississippi, the Revocation should be filed with the Mississippi Bureau of Vital Statistics of the State Board of Health.

4. The Revocation will no longer be valid or relevant if another Advance Directive is executed and dated subsequent to the date of the Revocation. This is because the new Advance Directive automatically supersedes any prior Advance Directive and also supersedes any revocations of those prior Advance Directives.

Although an Advance Health Care Directive may be effectively revoked under a variety of methods, it is recommended that this formal, written revocation be used. The Revocation of Advance Health Care Directive should be signed and dated by the person making the Revocation.

If the Revocation is being signed by a resident of Mississippi, New Hampshire, New Mexico, Vermont or Wyoming, two disinterested witnesses must sign the Revocation. If the Revocation is being signed by a resident of Kansas, it must generally be signed by two adult witnesses or notarized.

In other states, even though witnesses may not be technically required, the use of a witness formalizes the document and provides added assurance that the Revocation will be recognized.

For residents of Kansas, Mississippi, New Hampshire, New Mexico, Vermont, or Wyoming: These states have specific witness requirements to revoke an Advance Health Care Directive. The program will provide the appropriate language if you indicted one of these states in your address.

Note: If the revocation is not witnessed properly by qualified (disinterested) witnesses, it may not be enforceable.

For residents of other states: In other states, witnesses are not technically required. However, the use of a witness formalizes the document and provides added assurance that the Revocation will be recognized.