Healthcare directive requirements

California

What you need to create a valid advance healthcare directive in California.

Notarization

Alternative

Witnesses or notary accepted

Witnesses required

2

California requires 2 witnesses

Online notary

Authorized

Since 2024

Execution requirements

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Notarization — Alternative accepted

Acknowledged before a notary satisfies the 2-witness requirement — Cal. Prob. Code §4673

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Witnesses — 2 required

California requires 2 witnesses for a valid healthcare directive. Witnesses cannot be your healthcare agent.

Written and signed

The directive must be in writing and signed by you while of sound mind and at least 18 years old.

Distribute copies

Provide signed copies to your healthcare agent, primary care physician, and any hospital or care facility. Keep the original somewhere accessible.

California-specific notes

Witnesses cannot be healthcare providers
One witness must not be a relative, heir, or person entitled to the estate — Cal. Prob. Code §4674
Special ombudsman witness required if signed in a skilled nursing facility — §4675
Remote online notarization: California authorized RON in 2024. You may be able to have your directive notarized via video conference through an approved RON provider.

What a healthcare directive covers

A healthcare directive (advance directive) lets you document your medical wishes and name someone to make decisions if you cannot speak for yourself. It typically covers:

  • Who makes medical decisions on your behalf (healthcare proxy / agent)
  • Life-sustaining treatment preferences
  • Artificial nutrition and hydration
  • Palliative care and comfort measures
  • Organ and tissue donation
  • Resuscitation (CPR) preferences

This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in California for guidance specific to your situation.