California Advance Directive & Health Care Proxy Guide ✦
If you’re searching this, you’re already doing the responsible thing. Here’s what California actually requires, in plain English, nurse-guided and never legal advice.
What California Calls These Documents
You may see these terms used somewhat interchangeably in California: advance directive, health care proxy, living will, and medical power of attorney. California also has its own medical-orders program for seriously ill patients, commonly called POLST, which is separate from (but complements) your advance directive.
Who This Is For
This guide is for adult children helping an aging parent get organized, for anyone who’s just received a new diagnosis and wants to get ahead of it, for hospice and palliative care patients formalizing wishes already discussed with their care team, and for anyone who simply doesn’t want their family guessing during an already difficult moment. None of these situations require urgency today, just a plan in place before it’s needed.
A Note From a Nurse
“I’ve sat with families in the exact moment this document should have already existed, trying to reconstruct what someone would have wanted, from memory, under fluorescent lights, with a care team waiting for an answer. That’s the moment this whole process is built to prevent. None of this has to be complicated. It just has to be done before you need it.”
What You’ll Need Before You Start
- ✓ Your health care proxy, plus a backup proxy
- ✓ A general sense of your care wishes
- ✓ A current medication and allergy list
- ✓ Your doctor's contact information
California Signing Requirements at a Glance
- ✓ Must be 18 or older.
- ✓ Cannot be related to you by blood, marriage, or adoption.
- ✓ Cannot be your healthcare provider or an employee of your provider.
- ✓ Cannot be entitled to any part of your estate.
- ✓ A notary public can witness your signature instead of two witnesses.
- ✓ No witnesses are needed if the form is notarized.
- ✓ Notarization must be done in California to be valid — remote online notarization is not yet broadly available (see above).
Requirements can change. Always confirm current rules with California’s official health department before signing.
Remote Online Notarization in California
Status: Pilot only. California's remote online notarization program is in a limited pilot phase and isn't expected to be fully available until 2030. For now, the two-witness path is the practical option for most families.
What Happens Without These Documents
Without a documented advance directive, decisions about your care fall to a state-defined hierarchy of family members, often a spouse, then adult children, then parents, who may not agree with each other or know what you’d actually want. This isn’t usually a story about anyone acting in bad faith; it’s a story about people who love you making their best guess under enormous pressure, with no real information to go on. Having your wishes and proxy documented in advance doesn’t remove the difficulty of a hard moment, but it does remove the guessing, which is often what turns a hard moment into a lasting family disagreement.
How Before & Beside Makes This Simple
California Resources & Next Steps
Download the official California advance directive form, and use our guided digital bundle to organize everything alongside it.
Provided by the California Department of Public Health
Get your California guide, organized and print-ready.
Free Starter Guide, or the Complete Digital Bundle for everything at once.
Nearby State Guides
Frequently Asked Questions
Does California require a notary for an advance directive?⌄
California accepts either two qualified adult witnesses or notarization, you don't need both. Requirements can change, so always confirm current rules before signing.
Can I complete my California advance directive online?⌄
Yes, you can complete the guided questions online. Signing itself still needs to follow California's witness or notary requirements, whether in person or via remote online notarization where available.
What's the difference between an advance directive and a California POLST form?⌄
Your advance directive documents your wishes and names your decision-maker. POLST is a separate set of medical orders for people who are already seriously ill, signed by a clinician. Most people only need the advance directive; the POLST usually comes later, if at all, with your doctor's involvement.
Do I need a lawyer to complete my advance directive in California?⌄
Not for most people, this is designed to be completed without an attorney. If you have a complex estate, a blended family, or major financial questions, we'd also recommend speaking with one.
Before & Beside provides education, guided document preparation, and family conversation support. We are not a law firm and do not provide legal advice. Signing and witnessing requirements vary by state and can change; please confirm current requirements in your state and consult an attorney for complex legal, estate, or financial questions. Documents you complete with us are meant to be shared with your physician, hospice or palliative care team, and your attorney.