California Living Will Requirements
Based on California Probate Code §4600-4806
Quick Summary
- Document type: Advance Health Care Directive
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
- Ombudsman witness required if signed in a care facility
Witness Requirements
California requires 2 witnesses who are present when you sign your advance health care directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the patient's health care provider or an employee of the patient's health care provider
- A witness cannot be the operator or employee of a community care facility
- A witness cannot be the operator or employee of a residential care facility for the elderly
- A witness cannot be the designated agent (if the directive includes a power of attorney for health care)
- At least one witness must not be related by blood, marriage, or adoption and not entitled to any portion of the estate
When Your Living Will Takes Effect
Your California living will becomes effective when the following conditions are met:
Terminal Illness
An incurable and irreversible condition that will result in death within a relatively short time.
Persistent Vegetative State
A state of permanent unconsciousness in which the patient will not regain consciousness, to a reasonable degree of medical certainty.
Irreversible Condition
A condition where the likely risks and burdens of treatment would outweigh the expected benefits.
Important Notes for California
- California follows the Health Care Decisions Law (Probate Code §4600-4806)
- California combines the living will and healthcare power of attorney into a single Advance Health Care Directive
- Notarization before a notary public may be used as an alternative to having two witnesses sign
- If the principal is in a skilled nursing facility, a patient advocate or ombudsman must sign as a witness, even if the directive is notarized
- Electronic advance directives require acknowledgment before a notary public
- California maintains an Advance Health Care Directive Registry through the Secretary of State's office
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.