Quick Answer: What is Healthcare Directive California?
An advance healthcare directive is a legal document that tells doctors:
- WHO makes medical decisions for you if you can't communicate (your healthcare agent)
- WHAT medical treatments you want or don't want (life support, resuscitation, pain management, organ donation)
Why you need it: If you're unconscious, have dementia, or can't communicate, your healthcare agent makes decisions according to your wishes. Without it, family members may disagree, courts may get involved, and your wishes may not be followed.
What is an Advance Healthcare Directive California?
California's advance healthcare directive is the official name for what many people call a "living will" or "healthcare power of attorney."
It has TWO parts:
Part 1: Healthcare Power of Attorney
You name someone (your "healthcare agent") to make medical decisions for you if you can't make them yourself.
Your agent can:
- Consent to or refuse medical treatment
- Choose doctors and hospitals
- Access your medical records
- Make decisions about surgery, medications, procedures
- Make end-of-life decisions
- Decide on life support
Part 2: Individual Healthcare Instructions (Living Will)
You write down your treatment preferences:
- Do you want life-sustaining treatment if terminally ill?
- Do you want CPR if your heart stops?
- Do you want to be kept comfortable even if it shortens your life?
- Do you want to donate organs?
- Any specific religious or personal preferences
You can complete both parts or just one. Most people do both for maximum protection.
Advance Directive vs Living Will California — What's the Difference?
| Document |
What It Does |
California Term |
| Advance Healthcare Directive |
Complete document with BOTH agent + instructions |
Official California term (Probate Code §4670-4745) |
| Living Will |
Just the instructions part (no agent) |
Informal term (Part 2 of advance directive) |
| Healthcare Power of Attorney |
Just the agent part (no instructions) |
Informal term (Part 1 of advance directive) |
In California, use the term "advance healthcare directive" — it's the comprehensive document that includes both parts.
California Advance Healthcare Directive Requirements
Who Can Create One?
- Must be 18+ years old
- Must be mentally competent (understand what you're doing)
- Cannot be under duress or undue influence
Who Can Be Your Healthcare Agent?
- Must be 18+ years old
- Must be mentally competent
- Cannot be: Your healthcare provider, operator of community care facility where you live, or employee of your healthcare institution (unless related to you)
- Should be someone who knows your values and will follow your wishes
Document Requirements
| Requirement |
Details |
| In Writing |
Must be written document |
| Date |
Must be dated |
| Your Signature |
You must sign (or someone signs for you in your presence) |
| Witness/Notary |
Must be notarized OR witnessed by two qualified adults |
| Witness Qualifications |
At least one witness cannot be: relative, heir, healthcare provider, or agent |
| California Form |
Should use California statutory form (Probate Code §4701) |
How to Get Healthcare Directive California
Step 1: Choose Your Healthcare Agent
Critical decision. Choose someone who:
- Knows your values and beliefs
- Will follow your wishes (not impose their own)
- Can handle stress and make tough decisions
- Is available and willing to serve
- Lives nearby (helpful but not required)
Common choices:
- Spouse or partner
- Adult child
- Sibling
- Close friend
Also name a backup agent in case your first choice can't serve.
Step 2: Decide on Your Treatment Preferences
Key decisions to consider:
End-of-Life Treatment
If you're terminally ill or permanently unconscious, do you want:
- Life-sustaining treatment (ventilators, feeding tubes)?
- CPR if your heart stops?
- Artificially administered nutrition and hydration?
Three common choices:
- Prolong life: Use all measures to keep you alive
- Comfort care only: Keep you comfortable, let nature take its course
- Let agent decide: Trust your agent to make the right decision
Pain Management
- Maximum pain relief, even if it hastens death?
- Balance pain relief with alertness?
Organ Donation
- Donate any organs/tissues?
- Donate specific organs only?
- No donation?
Other Preferences
- Religious or spiritual wishes
- Preferred location of care (home, hospital, hospice)
- Specific treatments you want or don't want
Step 3: Complete the Form
You have three options:
Option 1: Attorney-Reviewed Online ($150) — Best Value
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- ✓ Advance healthcare directive (agent + instructions)
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- ✓ Living trust + pour-over will
- ✓ Attorney review INCLUDED
- ✓ California statutory forms
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Option 2: California Statutory Form (Free)
- Download from California Attorney General or State Bar
- Fill in yourself
- No attorney review (risky)
- May not understand all options
Option 3: Traditional Attorney ($300-$800)
- In-person consultation
- Discuss all options in detail
- 2-5x more expensive
Step 4: Sign and Witness/Notarize
You have two options for making it official:
Option A: Notarization (Recommended)
- Sign in front of California notary public
- Bring government-issued photo ID
- Cost: $15 per signature (California law maximum)
Option B: Two Witnesses
- Sign in front of two qualified witnesses
- Witnesses must be 18+
- At least one witness cannot be: relative, heir, healthcare provider, your agent
- Witnesses sign stating they watched you sign
Notarization is easier and stronger. Most people choose notary over witnesses.
Step 5: Distribute Copies
Give copies to:
- Your healthcare agent (most important)
- Your backup agent
- Your primary care doctor
- Your hospital (have it on file)
- Close family members (so they know your wishes)
- Keep original in safe place at home (NOT safe deposit box — you need it accessible in emergency)
POLST vs Advance Directive California — What's the Difference?
| Feature |
Advance Directive |
POLST |
| Full Name |
Advance Healthcare Directive |
Physician Orders for Life-Sustaining Treatment |
| Who Creates It |
You (any adult) |
You + your doctor (together) |
| Who It's For |
Everyone (healthy adults) |
Seriously ill patients only |
| Legal Status |
Legal document |
Medical order (pink form) |
| When Used |
If you can't communicate |
Emergency situations |
| What It Covers |
All future healthcare decisions |
Specific current medical orders (CPR, ventilator, etc.) |
| Do You Need Both? |
Everyone needs advance directive. Add POLST if seriously ill. |
Simple rule:
- Advance directive: For planning ahead (everyone needs this)
- POLST: For current medical treatment (only for seriously ill patients)
Why You Need an Advance Healthcare Directive
Without Advance Directive:
⚠️ What Happens Without Healthcare Directive
Real scenario: You have a serious stroke. You're unconscious. Doctors need to decide whether to put you on life support.
Without advance directive:
- Your spouse wants comfort care only (knows you wouldn't want life support)
- Your adult children want "everything done" to keep you alive
- Family fights over what you would have wanted
- Doctors don't know who to listen to
- May need to go to court to appoint conservator
- Your wishes may not be followed
With advance directive: Your designated agent makes the decision according to your written wishes. No fighting. No court. No uncertainty.
Benefits of Advance Healthcare Directive:
- Your wishes are followed — you control your medical care even when you can't communicate
- Reduces family conflict — everyone knows what you want
- Relieves burden on family — they don't have to guess
- Avoids court involvement — no conservatorship needed
- Peace of mind — you've planned for the worst
When Do You Need Healthcare Directive California?
Everyone Over 18 Should Have One
Real scenarios where you'd need it:
- Car accident leaves you unconscious
- Stroke prevents you from communicating
- Dementia progresses to point where you can't make decisions
- Serious illness requires medical decisions
- Surgery complications leave you in coma
You Especially Need It If You:
- Are over 50 (medical issues more likely)
- Have chronic health conditions
- Are having surgery
- Have strong preferences about end-of-life care
- Want to avoid family conflict
- Don't want to burden family with difficult decisions
Common Questions About Healthcare Directive California
Is advance directive the same as DNR?
No. Different documents:
- Advance directive: Comprehensive document with agent + instructions for all healthcare decisions
- DNR (Do Not Resuscitate): Specific order saying "don't do CPR if my heart stops." POLST form includes DNR option.
Your advance directive may include DNR preferences, but you need separate DNR/POLST for emergency responders.
How long does healthcare directive last California?
Until you revoke it or die. An advance healthcare directive stays valid indefinitely unless you:
- Revoke it in writing
- Create a new one (replaces old one)
- Die (it ends when you die)
Best practice: Review and update every 5 years or after major life changes.
Can I change my advance directive in California?
Yes, anytime. To change:
- Create new advance directive with updated preferences
- Sign and notarize/witness new document
- Destroy all copies of old directive
- Give new copies to agent, doctors, family
What is HIPAA authorization and do I need it?
YES, you need it with your advance directive.
HIPAA authorization allows your healthcare agent to access your medical records. Without it, hospitals may refuse to share information with your agent due to privacy laws.
Living Trust California includes HIPAA authorization with every advance directive.
Does my healthcare directive need to be notarized in California?
You must choose: notarized OR witnessed by two qualified witnesses. Notarization is easier and recommended.
Where should I keep my advance directive?
Keep it accessible, not locked away:
- ✓ Home in safe place (NOT safe deposit box)
- ✓ Give copy to healthcare agent
- ✓ Give copy to doctor (on file at medical office)
- ✓ Give copy to hospital
- ✗ Do NOT keep in safe deposit box (may not be accessible in emergency)
Advance Healthcare Directive and Living Trust — Do You Need Both?
YES. They serve different purposes:
| Document |
What It Covers |
| Living Trust |
Financial/property matters (avoids probate) |
| Financial Power of Attorney |
Financial decisions if you're incapacitated |
| Advance Healthcare Directive |
Medical decisions if you can't communicate |
Complete California Estate Plan Includes All Three:
- Living trust (avoids probate when you die)
- Pour-over will (backup)
- Durable financial power of attorney (financial decisions)
- Advance healthcare directive (medical decisions)
- HIPAA authorization (medical records access)
Living Trust California provides all 5 documents for $150.
Key Takeaways: Healthcare Directive California
- Advance healthcare directive names who makes medical decisions for you and states your treatment wishes
- Two parts: healthcare agent (who decides) + instructions (what you want)
- Different from POLST: advance directive is for planning, POLST is for seriously ill patients
- Everyone over 18 should have one — prevents family conflict and court involvement
- Requirements: in writing, signed, notarized or witnessed
- Include HIPAA authorization so agent can access medical records
- You need BOTH advance directive and living trust for complete protection
- Cost: $150 for attorney-reviewed documents (included in complete estate plan)
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Complete estate plan with attorney-reviewed advance healthcare directive. $150 total.
- ✓ Advance healthcare directive (agent + instructions)
- ✓ HIPAA authorization
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- ✓ Attorney review INCLUDED
- ✓ California statutory forms
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About: Rozsa Gyene, California Estate Planning Attorney, State Bar #208356, 25+ years experience helping California families prepare advance healthcare directives and plan for medical decisions.