California puts everything in one document, and lets you choose two witnesses or a notary. But if she lives in a nursing home, there’s a signature almost nobody knows about — and without it, the whole thing is void.
The California advance directive is called the Advance Health Care Directive, and it’s genuinely one of the better-designed forms in the country: a single document that names who decides, records what she wants, and covers organ donation and her choice of physician all at once. It is often searched for as the California advance health care directive, or simply the advance directive form California families are told to fill out at the hospital.
This page tells you what the form is, where to get the current official version, exactly how to sign it so it holds up, and the one California rule that voids more directives than any other.
California, in short
- The form is the Advance Health Care Directive (AHCD). One document covers the agent, the instructions, organ donation, and primary physician.
- Authorized by Probate Code §§ 4700–4701. You may use the statutory form or your own; the statutory one avoids arguments.
- Sign in front of two qualified witnesses OR a notary. Either is enough — you don’t need both.
- Skilled nursing facility residents need one extra signature — a patient advocate or ombudsman. Skip it and the document is void.
- Some witnesses are disqualified — the agent, her health care providers, and care-facility operators and staff.
- It’s free. The official form is published by the state; you do not need to buy one.
Where to get the official California form
Use the current official version rather than a copy of unknown age. Two reliable, free sources:
- The California Attorney General publishes the statutory Probate Code § 4701 form as a fillable PDF. From oag.ca.gov, search “advance health care directive” — it’s provided as a downloadable form you complete and print.
- The California Courts self-help site and many California hospitals provide the same statutory form, often in multiple languages. The California Hospital Association version is available in English and Spanish; the Institute for Healthcare Advancement publishes an easy-to-read version in more than ten languages.
You are not required to use the statutory form — Probate Code § 4700 says so explicitly — but using it is the safer choice. Health care providers recognize it on sight, and a custom document invites exactly the delay you’re trying to prevent.
If you can’t locate it, the Eldercare Locator (1-800-677-1116) will connect you to the Area Agency on Aging for her county, which keeps the form on hand.
How to sign it so it actually holds
California gives you a choice most states don’t: two qualified witnesses, or a notary public. Either one makes the document valid. You do not need both.
A notary is often the cleaner route — it removes any later argument about whether a witness qualified. Banks, shipping stores, and many pharmacies notarize for a few dollars.
If you use witnesses, they must watch her sign, and they must be qualified. Under the statutory form’s witness statement, a witness signs under penalty of perjury that she signed in their presence, appeared of sound mind and free of duress, and that they are not disqualified.
Who cannot be a witness in California
The statutory form disqualifies:
- The health care agent named in the directive.
- Her health care provider, or an employee of her health care provider.
- The operator or an employee of a community care facility.
- The operator or an employee of a residential care facility for the elderly.
On top of that, California requires that at least one of the two witnesses is not related to her by blood, marriage, or adoption, and would not inherit from her estate. The practical rule: use two disinterested people — a neighbor, a friend, a colleague — and you clear every requirement at once.
The California rule that voids the most documents
If she is a patient in a skilled nursing facility when she signs, California law requires one additional witness: a patient advocate or ombudsman designated by the State Department of Aging, who must also sign the directive. This is required by Probate Code § 4675.
This applies even if the document is also notarized. The notary does not replace the ombudsman. Families complete everything else correctly, get it notarized, and the directive is still void because this signature is missing.
If she is in a skilled nursing facility, ask the facility to arrange the patient advocate or ombudsman before you sign. The long-term care ombudsman program is free, and arranging it is part of their role.
What the California form covers
The AHCD is built in parts, and you can complete any or all of them:
- Part 1 — Power of Attorney for Health Care. Names the agent who decides when she can’t, and any alternates. This is the part most worth doing even if she skips the rest, because a person can respond to situations no form anticipated.
- Part 2 — Instructions for Health Care. Her living-will wishes: whether to prolong life or not in defined circumstances, relief from pain, and any specific directions. Being specific matters — “no heroic measures” is too vague to act on; naming treatments is not.
- Part 3 — Organ donation (optional).
- Part 4 — Primary physician (optional).
Not sure whether she needs the agent, the instructions, or both? Living will vs. power of attorney explains why the agent usually matters more →
Two California specifics worth knowing
The AHCD does not stop paramedics from performing CPR. Like every state, California distinguishes an advance directive from an emergency medical order. If avoiding resuscitation at home matters to her, that requires a separate POLST (Physician Orders for Life-Sustaining Treatment) — a form signed by her physician and kept where responders will see it. It’s for people who are seriously ill or frail, and it’s a conversation with her doctor. How a POLST works — and why a directive alone won’t stop CPR →
California’s medical-privacy law is stricter than federal HIPAA. The Confidentiality of Medical Information Act (CMIA) governs access to her records, and some California attorneys recommend a separate CMIA authorization alongside the AHCD so the agent can obtain information without friction. Worth asking about if you’re using an attorney.
After she signs
- Give copies to her physician and any hospital or facility where she receives care — the statutory form directs you to do exactly this.
- Give the agent and any alternate a copy.
- Keep one somewhere obvious at home, and photograph it.
- Register it if you like. California’s Secretary of State runs an Advance Health Care Directive Registry, though registration is optional and does not replace giving copies to the people who’ll need them.
The directive settles who decides. This settles what she needs now.
Getting the paperwork done is one half of an aging-at-home plan. The other is knowing how much day-to-day help she actually needs — and “she’s declining” isn’t something a doctor or an agency can act on.
The care needs checklist walks the same fourteen questions a visiting nurse walks and ends with something specific: which daily tasks need hands-on help, roughly how many hours a week, and which gaps are genuine safety issues.
Take the care needs checklist →Free. No email, nothing stored — it runs in your browser and the answers never reach me.
Where to go next
The financial side is separate: what a power of attorney is, and the word that decides whether it works →
The full how-to, including witnessing mistakes: how to fill out an advance directive →
If she won’t discuss any of it: when an aging parent refuses help →
Know someone who needs this?
Pass it along — it’s free, and it might be exactly what a family you know is trying to sort out right now.
Questions families ask
What is the California advance directive called?
California’s advance directive is called the Advance Health Care Directive, or AHCD, authorized by Probate Code sections 4700 and 4701. It is a single combined document that names a health care agent, records treatment instructions, and covers organ donation and choice of primary physician. This differs from states that use two separate forms for the agent and the living will.
Does a California advance directive need to be notarized?
No — California requires either notarization or two qualified witnesses, and either one alone makes the directive valid. You do not need both. A notary can be simpler because it avoids any dispute about whether a witness was qualified, and notary services are widely available at banks, pharmacies, and shipping stores.
Who cannot witness an advance directive in California?
The health care agent named in the directive cannot serve as a witness, nor can the person’s health care provider, an employee of that provider, or the operator or an employee of a community care facility or a residential care facility for the elderly. In addition, at least one of the two witnesses must not be related by blood, marriage, or adoption and must not stand to inherit from the estate. Using two disinterested people such as neighbors or friends satisfies every requirement.
What is the special rule for nursing home residents in California?
If the person signs the advance directive while a patient in a skilled nursing facility, California law requires an additional witness — a patient advocate or ombudsman designated by the State Department of Aging — to sign the document, under Probate Code section 4675. This requirement applies even if the directive is also notarized, and missing it can void the entire document. The facility can arrange the ombudsman, and the service is free.
Where do I get the official California advance directive form?
The California Attorney General publishes the statutory Probate Code 4701 form as a free fillable PDF at oag.ca.gov, and many California hospitals and the California Hospital Association provide the same form, often in multiple languages. You are not legally required to use the statutory form, but it is the safer choice because providers recognize it immediately. The Eldercare Locator at 1-800-677-1116 can also direct you to the form through the local Area Agency on Aging.
Does a California advance directive stop CPR at home?
No — an Advance Health Care Directive is not an emergency medical order, so paramedics generally cannot act on it to withhold resuscitation. Preventing CPR outside a hospital requires a separate POLST form, signed by a physician and kept where emergency responders will find it. A POLST is intended for people who are seriously ill or frail and is arranged through the treating doctor.
Do I need a lawyer for a California advance directive?
Not necessarily — the statutory form is free and can be completed without an attorney, and California law expressly permits using it on your own. Legal help is worth considering if capacity might be questioned, if family conflict is likely, or if the directive is prepared alongside a financial power of attorney and other estate documents. Because California’s medical privacy law is stricter than federal HIPAA, some attorneys also recommend adding a separate CMIA authorization.
Changelog
- 25 July 2026 — Published. Form name, statute, witness and notary rules, and the skilled nursing facility ombudsman requirement verified against California Probate Code §§ 4700–4701 and § 4675 and the statutory witness statement.
- 19 August 2026 — Added the page’s share row (six cookieless actions), in its correct position after the related links.
- 19 August 2026 — Linked the new POLST vs. advance directive guide from the paragraph on why a directive alone won’t stop CPR.
This page is reviewed every six months, and immediately if California law changes. When it changes, this list will say so.
Sources
- California Probate Code §§ 4700–4701 — the Advance Health Care Directive and the statutory form, including the witness statement and its disqualifications
- California Probate Code § 4675 — the patient advocate or ombudsman witness requirement for skilled nursing facility residents
- California Attorney General — official statutory Advance Health Care Directive form (fillable PDF)
- UCLA Law Library research guide — California advance directive, DNR, and POLST forms and sources
- California Confidentiality of Medical Information Act (CMIA) — medical privacy provisions beyond federal HIPAA
- Thirteen years of the author’s own observation inside home health and hospice referral, labeled as such throughout
Last verified: 25 July 2026 against California Probate Code §§ 4700–4701 and § 4675 · Next review: January 2027, or immediately on a relevant change in California law
This page is educational and is not legal advice. Mark Duda is not an attorney. It describes California law as of the date shown and may not reflect later changes. Advance directive requirements are exacting, and the consequences of an execution error are serious — confirm the current form and rules with the official California source, and consult an attorney licensed in California if anything is unclear or if the person lives in a skilled nursing facility. See our disclaimers.