Does my living will need to be on file at our Local court house and hospital?

Asked over 1 year ago - Easton, PA

I have a Living Will and WIll completed (Notarized), kept in a safe place. My family has been notified of this and what it indicates. Do I need to have it on file at our court house and/or hospital? Should someone have a copy of it? l

Attorney answers (4)

  1. Jacques H. Geisenberger Jr.

    Contributor Level 14


    Lawyers agree

    Answered . I see no reason to file your Living Will at the Court House or the Hospital. I recommend to my clients to sign at least 3 , retain one in a safe place, give one to your Health Care Provider (family doctor), and one to the alternate Agent. If you change it, remember to destroy the old one. As for the Will it cannot be filed until you die at which time it is probated, assuming you have a probate assets.

    If you think this answer is the best answer or was helpful, please mark it by clicking the "Best Answer" or "Mark as Helpful" button at the bottom of this answer. If you wish please tell AVVO about me, please write a review. Thank you in advance.

    Mr. Geisenberger is a Pennsylvania-licensed attorney only. The information is not, nor is it intended to be, legal... more
  2. Ruth Elaine McMahon

    Contributor Level 18


    Lawyers agree

    Answered . If the Living Will is a declaration of your intentions in the event you are in a terminal condition, please provide a copy to your primary care physician and the hospital. The person you have named as your health care surrogate should have a copy. There is no need to file it with the court. If the "Living Will" is actually your Last Will and Testament, check with the Clerk of the Court to see if it can be filed. Some jurisdictions allow this; others do not.

  3. Sandy L. Turner


    Contributor Level 6


    Lawyer agrees

    Answered . First a living will is for your doctor, not the courts and usually lets them know not to keep you alive w/ food if you have no hope of every regaining the process of thinking. A will in California does not need notarization, but does require two witnesses. It is lodged w/ the courts after their death not before.

    If you think this answer is the best answer or was helpful, please mark it by clicking the "Best Answer" or "Mark... more
  4. Nicholas A Mircovich

    Contributor Level 4


    Lawyer agrees

    Answered . I never heard of a requirement to file the document in court. Be sure to execute the documents in accordance with state law. Give copies to your health care reps, or, at the very least, let them know where the documents will be stored. Many use a safe deposit box for safekeeping.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

28,499 answers this week

2,992 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,499 answers this week

2,992 attorneys answering