§ 137.003.Execution and Witnesses; Execution and Acknowledgment Before Notary Public

The execution formalities, with an alternative and a carefully drawn list of who cannot witness.

A declaration must be signed by the principal in the presence of two or more subscribing witnesses, or signed by the principal and acknowledged before a notary public.

The notary route avoids the witness problem entirely, which matters because the disqualifications are broad and a person in a treatment setting may be surrounded by disqualified people.

Five categories cannot witness. The principal’s health or residential care provider or an employee of that provider; the operator of a community health care facility providing care to the principal, or an employee of the operator; a person related to the principal by blood, marriage, or adoption; a person entitled to any part of the principal’s estate under a will, trust, or deed, or by intestacy; and a person who has a claim against the principal’s estate.

The first two address influence, the last three address interest. A carer is positioned to shape what the document says; an heir or a creditor has a stake in the principal’s treatment and survival.

The intestacy limb is easy to overlook — a relative who would inherit if there were no will is disqualified whether or not a will exists, which overlaps with the blood-relative exclusion but reaches further.

A witness’s signature is effective only with a statement affirming three things about the moment of signing: that the principal appeared to be of sound mind to make a mental health treatment decision; that the principal stated in the witness’s presence that they were aware of the nature of the declaration and were signing voluntarily and free from any duress; and that the principal requested that the witness serve as a witness.

The second affirmation requires the principal to speak, so a silent signing does not satisfy it.