Indiana Advance Directive Notarization and Remote Execution Rules

One of the most common questions about Indiana advance directives is whether you need a notary. The short answer: no, but it is one of two valid options, and for many people it is the easier path.

Indiana gives you a choice — notarization or two qualified witnesses. Understanding when each option makes sense helps you avoid execution errors that could void your document.

Notarization vs. Witnesses: Your Two Options

Under Indiana law, your advance directive signature must be validated by either:

1. A notary public — one notary observes your signature and applies their seal
2. Two competent adult witnesses — both present when you sign, subject to eligibility restrictions

Notarization is often simpler because it avoids the complex witness disqualification rules. When your directive includes a living will section about withdrawing life support, the witness requirements become strict — your spouse, children, HCR, and potential heirs are all disqualified. A notary has no such restrictions.

The notary does not review your document for legal accuracy. They verify your identity, confirm you are signing voluntarily, and apply their seal. The content of your directive is your responsibility.

Remote Online Notarization

Senate Enrolled Act 204 explicitly legalized remote execution of advance directives. You can complete the notarization process via a live audio-visual call with a remote online notary (RON).

Indiana has permitted remote online notarization since 2019, and the advance directive law specifically accommodates this method. The process typically works through a RON platform where you verify your identity, sign electronically on camera, and the notary applies their electronic seal.

This option is particularly valuable for people who are homebound, in a care facility, or living in a rural area without convenient access to a notary office.

Video Execution with Witnesses

If you choose witnesses instead of a notary, SEA 204 permits remote witnessing via live audio-visual call. Your witnesses do not need to be physically present in the room — they can observe your signing over a video conference.

If you and your witnesses sign paper counterparts during the video call (each person signing their own physical copy), a designated person must compile all separately signed pages into a single composite document within 10 business days of receiving the final counterpart. Missing this 10-day deadline creates a validity risk.

Telephonic Execution as Last Resort

When video interaction is physically impossible, Indiana allows a third option: telephonic execution. This is a last resort, not a convenience shortcut.

Under the telephonic exception:

• You must interact with two witnesses via telephone
• The witnesses must establish your capacity and identity during the call
• The final text of the directive must explicitly state that telephonic interaction was used to satisfy the presence requirement

This provision exists for situations like hospitalization with no video capability or physical isolation without internet access.

Practical Recommendations

For most people, the easiest valid execution is a notary appointment. Many UPS Store locations, bank branches, and shipping centers offer notary services for a small fee (typically around $10 in Indiana). Remote online notary platforms provide 24/7 access if you cannot visit in person.

If you choose witnesses, identify your two eligible witnesses before the signing date. Verify they are not disqualified under the stricter living will witness rules if your directive includes end-of-life instructions. Having to find replacement witnesses at the last minute is exactly the kind of problem that delays execution indefinitely.

The Indiana Advance Directive & Living Will Kit includes execution checklists for all three methods — in-person notarization, video witnessing, and telephonic execution — with step-by-step instructions for each.

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