Living Wills and Advance Directives in California

California combines the living will and health care power of attorney into one Advance Health Care Directive. The Probate Code includes a statutory form (Part 2 of the form gives instructions for health care, including end-of-life wishes); using it is optional. A written directive is valid if it is dated, signed by the person (or by another adult in their presence and at their direction), and either acknowledged before a notary or signed by two adult witnesses. The person's health care provider or the provider's employee, operators or employees of a community care facility or residential care facility for the elderly, and the named agent cannot be witnesses. An electronic directive must be notarized. The Attorney General publishes a fillable version of the form.

California calls it a "power of attorney for health care," which is Part 1 of the statutory Advance Health Care Directive. It names an agent to make health care decisions when the person cannot (or right away, if the person chooses). Signing rules are the same as for the whole directive: dated, signed, and either notarized or signed by two qualified adult witnesses; the agent cannot be a witness, and each witness signs a declaration under penalty of perjury.