Estate planning documents and Advanced Directives are so important that most require some type of confirmation: a notary, witnesses or both a notary and witnesses.
Now let’s move to formalities.
For Wills that are typed, the signature by the testator (the person making the Will) must be witnessed by two individuals who are at least 14 years old. The witnesses must then sign the Will in the presence of the testator. If the Will is “self-proved,” (so the witnesses won’t have to appear in court and testify) then everyone‘s signature must be notarized. If the Will is completely handwritten and signed by the testator, then witnesses aren’t necessary for it to be valid.
For a Durable Powers of Attorney (those cover financial transactions), the signature of the declarant (the person making the document) must be notarized.
For a Directive to Physicians and Family or surrogates, the declarant’s signature must be witnessed by two individuals OR it must be notarized. This rule does allow for oral directives: to be valid the declarant must make his statement in the presence of the attending physician and two witnesses.
For a Medical Power of Attorney, the declarant’s signature must be witnessed by two individuals, OR it must be notarized.
For a Designation of Guardian, the declarant’s signature must be witnessed by two individuals. If it is “self-proved” then everyone’s signature must be notarized. Like a Will, if the Designation is completely handwritten and signed by the declarant, then there is no requirement for witnesses for it to be valid.
Two important points to remember. First, changes to a document must meet the same requirements. Simply crossing through a typewritten sentence and initialing the change isn’t sufficient. Second, documents from outside Texas may not meet Texas requirements. You may be able to prove they are valid by showing the other state’s laws, but that is a lot of hoops to jump through.
Hammerle Finley Law Firm. Give us a call. We can help.
