Power of Attorney · California
California Medical Power of Attorney (2026)
California’s statutory Advance Health Care Directive (Probate Code §4701) names a health care agent and records your end-of-life wishes. It must be signed before two qualified witnesses or acknowledged before a notary public; a patient in a skilled nursing facility also needs a patient advocate or ombudsman as witness.
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California medical power of attorney: key facts
- Official form
- Statutory Advance Health Care Directive, Probate Code §4701 (as amended by AB 1029, effective January 1, 2024). Using it is optional.
- Witnesses or notary
- Two qualified adult witnesses OR a notary public (§4673).
- Who cannot witness
- Your agent, your health care provider or its employee, and operators/employees of community care or residential care facilities for the elderly. At least one witness must not be related to you or entitled to your estate (§4674).
- Skilled nursing facility
- A patient advocate or ombudsman must sign as a witness, even with a notary (§4675).
- When it takes effect
- When your primary physician determines you cannot make your own decisions — or immediately, if you mark box 1.3.
- What is included
- Agent and alternates, end-of-life instructions, pain relief, organ donation, and primary physician.
Official source: California Probate Code §4701 (leginfo) · Probate Code §4674 (witnesses) · Last reviewed: October 2026
DoneDoc is not a law firm and does not give legal advice. We recommend having your document reviewed by a licensed attorney in your state before signing.
Frequently asked questions
- Does a California advance directive need a notary?
- No. You can use two qualified witnesses instead. A notary is an alternative, except that skilled nursing facility patients also need an ombudsman or patient advocate witness.
- What do I receive?
- A ready-to-sign PDF and Word document (Advance Health Care Directive (Probate Code §4701)) filled with your answers, plus signing instructions for California.
- Can I get it in Spanish?
- Yes. You sign the English document and also receive a Spanish reference translation or summary and Spanish instructions.
- Is DoneDoc a law firm?
- No. DoneDoc provides self-help forms and does not give legal advice. We recommend having your document reviewed by a licensed attorney in your state before signing.
Other states
TexasFloridaNew YorkPennsylvania
Other California documents: Minor Child Power of Attorney