Medical Power of Attorney in California

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.

California uses an Advance Health Care Directive (a statutory form is available) that can name a health care agent and give instructions. It must be dated, signed by the person (or another adult at their direction), and either notarized or signed by two adult witnesses. The agent, the person's health care provider or provider's employee, and operators or employees of community care facilities or residential care facilities for the elderly cannot be witnesses, and further limits apply to one of the witnesses. An electronic directive must be notarized.

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.

For health care, California law (Probate Code section 4701) governs the advance health care directive. The California Attorney General says there is no required form to document your wishes, although state law requires certain provisions to appear in the directive; sample forms are available from health and hospice care providers.