Short answerA California advance health care directive (Health Care Decisions Law, Probate Code § 4600 and following) lets you name a health care agent to make medical decisions if you cannot, and record your instructions about treatment, life support, pain relief and organ donation. It replaces the older “durable power of attorney for health care” and “living will” forms.
What it covers
- Your health care agent and alternates
- Instructions about life-sustaining treatment and pain relief
- Organ donation and disposition of remains
- Nomination of a conservator, if one is ever needed
- HIPAA authorization so your agent can access medical information
Signing
The directive must be signed and either notarized or signed before two qualified witnesses; special witnessing rules apply to residents of skilled nursing facilities.
Related documents
A POLST is a separate physician order for people with serious illness; an advance directive is for every adult. Parents of 18-year-olds should read Estate planning for young adults.
Common questions
Does an advance directive expire?
No, it doesn’t expire automatically, but you should review it periodically and after major life or health changes.
Is a living will the same as an advance directive?
In California the advance health care directive combines the agent appointment and the instructions formerly found in a living will.
General information about California law, not legal advice. Laws and dollar thresholds change; confirm current rules for your situation.