Free Living Will Revocation

A Living Will may generally be revoked by executing a new Living Will or by using the Revocation of Living Will. Many states specify that a Living Will 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 a Living Will may be effectively revoked under a variety of methods, it is recommended that this formal, written revocation be used. The Revocation of Living Will ("Revocation") 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, or Vermont, two disinterested witnesses must sign the Revocation. 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 your attending physician has been notified of the revocation. Therefore, a copy of the Revocation must be provided to your attending physician or to someone who will deliver it to your 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.

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

Although a Living Will may be effectively revoked under a variety of methods, it is recommended that this formal, written revocation be used. The Revocation of Living Will ("Revocation") should be signed and dated by the person making the revocation.

If the Revocation is being signed by a resident of New Hampshire, New Mexico, Mississippi or Vermont, two disinterested witnesses must sign the Revocation. 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 New Hampshire, New Mexico, Mississippi, or Vermont: These states have specific witness requirements to revoke a Living Will. The program will provide the appropriate language if you indicated 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.