California Advance Health Care Directive Overview
In California, a advance health care directive is governed by Cal. Prob. Code § 4700. This legal document allows you to designate a healthcare agent who can make medical decisions on your behalf if you become unable to make or communicate those decisions yourself. California law ensures that your healthcare agent has the authority to work with healthcare providers to carry out your wishes regarding medical treatment.
Your healthcare agent can make decisions about medical treatments, surgeries, medications, hospital stays, end-of-life care, and access to your medical records. The advance health care directive typically takes effect only when a physician determines that you are unable to make decisions for yourself, though California law may allow you to make it effective immediately if you prefer.
Creating a advance health care directive in California requires 2 witnesses and notarization is required. California provides a statutory form that is widely accepted by healthcare facilities throughout the state.
Yes
Statutory form required
2
Witnesses required
Required
Notarization
Yes
HIPAA included
California Requirements
To create a valid advance health care directive in California, you must meet the following requirements under Cal. Prob. Code § 4700:
Important: California Execution Requirements
California requires 2 witnesses for a valid advance health care directive. The document must also be notarized. Witnesses cannot include your designated healthcare agent or your treating healthcare provider.
- Legal Age: You must be at least 18 years old and mentally competent at the time of signing
- Witnesses: California requires 2 witnesses who are not the healthcare agent or healthcare provider
- Notarization: Required in California
- Agent Designation: Name a primary healthcare agent and optionally an alternate
- HIPAA Authorization: Included in statutory form
How to Create Your California Advance Health Care Directive
Follow these steps to create a valid advance health care directive that complies with California law.
Choose Your Healthcare Agent
Select a trusted individual to serve as your healthcare agent in California. This person should understand your healthcare values, be willing to advocate on your behalf, and be available in case of emergency. Consider naming an alternate healthcare agent as well.
Specify Your Healthcare Wishes
Document your preferences regarding medical treatments, end-of-life care, organ donation, DNR orders, and mental health treatment. Be as specific as possible about what treatments you do and do not want under various circumstances.
Include HIPAA Authorization
Add HIPAA authorization to ensure your healthcare agent can access your medical records and communicate with your healthcare providers in California. Without this, providers may legally refuse to share your medical information.
Sign with Witnesses and Notarize
Execute the document with 2 witnesses as required by California law. You must also have the document notarized. Distribute copies to your healthcare agent, physicians, hospital, and family members.
Choosing Your California Healthcare Agent
In California, your healthcare agent will have significant authority over your medical care. Choose someone who understands your values and can make difficult decisions under pressure.
- Trustworthy: Someone who will follow your wishes, not impose their own preferences
- Accessible: Someone who can be reached quickly and can travel to California if needed
- Assertive: Someone who can communicate effectively with medical professionals
- Emotionally capable: Someone who can handle the stress of making life-or-death decisions
Sample California Advance Health Care Directive
Below is a preview of our California-specific advance health care directive template.
STATE OF CALIFORNIA
ADVANCE HEALTH CARE DIRECTIVE
Cal. Prob. Code § 4700
PRINCIPAL (You):
Name: [Your Name]
Address: [California Address]
HEALTHCARE AGENT:
Name: [Agent Name]
Relationship: [Relationship]
Phone: [Phone]
California Advance Health Care Directive FAQ
Answers to common questions about California advance health care directive requirements and procedures.
Official California Resources
Use these official resources to verify California requirements and access government forms.
Create Your California Advance Health Care Directive
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