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A California advance health care directive, which combines a medical power of attorney and a living will, enables an individual to designate an agent to make medical decisions and convey end-of-life treatment preferences. A statutory form is required by California residents.
Standard Durable Power of Attorney Forms
Signing Requirements
To complete a health care advance directive, the individual (the principal) must sign in front of two (2) witnesses or a notary public.
Another option is to use a digital signature as long as it meets the National Institute of Standards and Technology standards.
Source: § 4673(a)(3), § 4673(b)
Registering Advance Directive
An individual can register an advance directive by completing the registration form (SFL-461) and attaching a $10 check payable to the Secretary of State.
Source: § 4800
Three Options Available for Form Revocation
- Fill and sign the revocation form
- When the Agent is a spouse, the form will be revoked if the marriage dissolves due to death or legal divorce.
- A new form replaces the current one.
Source: § 4695
What happens if you do not have a Health Care Advance Directive Form and you are unable to make decisions for yourself in California?
In California, if you do not have an Advance Directive and cannot communicate your wishes, there is no standard procedure for someone else to decide for you. The rules can also apply to minors, certain types of treatment, or pregnant women. While some states allow for a verbal appointment of a decision-maker, this information is focused on planning for situations where you cannot make decisions for yourself and does not cover verbal appointments.
Source: CDSS – Your Right To Make Decisions About Medical Treatment