Do I need an advance health care directive in California?

It is the only reliable way to choose who makes medical decisions if you cannot. Under the Health Care Decisions Law, Probate Code section 4600 et seq., a directive names a health care agent and records treatment wishes; the statutory form at Probate Code section 4701 requires two witnesses or a notary.

An advance health care directive does two jobs under California's Health Care Decisions Law, Probate Code section 4600 et seq.: it appoints an agent to make medical decisions when you cannot, and it records instructions on treatment, life support, organ donation, and end-of-life care that providers and the agent must honor. Without one, California has no automatic family hierarchy a hospital can simply follow in every case; disputes among relatives can force a court proceeding to authorize decisions. The statutory form at Probate Code section 4701 is free and valid when signed before two qualified adult witnesses or a notary, with special witnessing rules for skilled nursing residents, who also need a patient advocate or ombudsman as a witness. A directive is not a POLST: the POLST is a physician order for the seriously ill, while a directive is planning any adult can do now. Give copies to the agent and physicians, and revisit it after major life changes.

Authority: Cal. Prob. Code § 4701