What is an advance health care directive in California?

What the Law Says

California law allows adults to plan ahead for future health care decisions using an advance health care directive. This document combines two key functions: appointing a trusted person as your health care agent and stating your wishes about medical treatment.

Under California law, an advance health care directive must be signed by a competent adult who is at least 18 years old. It can be used to appoint an agent to make health care decisions on your behalf and/or to give instructions about treatments you would or would not want — such as life-sustaining procedures, pain management, or organ donation.

The law does not require a notary, but it does require either two qualified witnesses or acknowledgment before a notary public. Witnesses cannot be your health care provider, an employee of your provider (with narrow exceptions), your heir, or your named agent.

Once signed and properly witnessed or notarized, the directive becomes effective when your doctor determines you lack capacity to make your own health care decisions — unless you specify otherwise.

Statutory Text

An advance health care directive is a written instrument that complies with the requirements of this chapter and that designates an individual to make health care decisions for the principal if the principal is unable to do so.

— Probate Code § 4605 — Definitions

Statutory Text

The advance health care directive shall be signed by the principal and shall be either witnessed by two individuals meeting the requirements of Section 4673 or acknowledged before a notary public.

— Probate Code § 4701 — Execution requirements

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