§ 5452 — Execution

(a) Who may make.--An individual of sound mind may make a health care power of attorney if the individual:

(1) is 18 years of age or older;

(2) has graduated from high school;

(3) has married; or

(4) is an emancipated minor.

(b) Requirements.--A health care power of attorney must be:

(1) dated and signed by the principal by signature or mark or by another individual on behalf of and at the direction of the principal if the principal is unable to sign but specifically directs another individual to sign the health care power of attorney; and

(2) witnessed by two individuals, each of whom is 18 years of age or older.

(c) Witnesses.--

(1) An individual who signs a health care power of attorney on behalf of and at the direction of a principal may not witness the health care power of attorney.

(2) A health care provider and its agent may not sign a health care power of attorney on behalf of and at the direction of a principal if the health care provider or agent provides health care services to the principal.

Legislative History

Cross References.Section 5452 is referred to in sections 5458, 5459 of this title.