CAState guide

California living will and advance directive

California does not use a standalone living will in the way some states do. The document is an advance health care directive, and it can contain both your treatment instructions and the name of the person who will make decisions for you.

This page explains the California form, the two ways to sign it, what it covers, and what to do with the signed copy before a hospital asks for it.

Written by Nora Whitfield, editorial lead. State rules checked by Samuel Okafor, rules editor, on October 20, 2026.

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Signing rule at a glance

Notary or witnesses2 witnessesRules cited

California: The document may be notarized or witnessed, as the state allows. 2 witnesses are required. Two qualified witnesses or a notary acknowledgment.

California: The document may be notarized or witnessed, as the state allows. 2 witnesses are required. Two qualified witnesses or a notary acknowledgment. Source: Cal. Prob. Code §§ 4700 to 4743.

Source: Cal. Prob. Code §§ 4700 to 4743 (opens the official source in a new tab).

The California form and the signing rule

California Probate Code 4700 and the sections that follow set out the advance health care directive. The statutory form includes a living will section for treatment wishes, a section that names an agent, and a place to say whether the agent may make decisions about organ donation and an autopsy.

Citation: Cal. Prob. Code §§ 4700 to 4743 (opens the official source in a new tab).

The directive must be signed by the patient and either witnessed by two qualified adults or acknowledged before a notary. The witnesses cannot be the agent, a health care provider, an employee of the provider, or a person who inherits from the patient. A notary cannot serve as a witness at the same time.

Two qualified adult witnesses, or a notary acknowledgment.
The agent may not serve as a witness.
A health care provider or its employee may not serve as a witness.
The signature must be dated and the document must be complete.

What the directive covers

The living will portion can state your wishes about life-sustaining treatment, CPR, artificial nutrition and hydration, pain relief and the conditions under which treatment should stop. It can also say what a tolerable life means to you in your own words, which is often the part a family remembers.

The agent portion names a person who can make decisions the document does not cover. California calls this person an agent, and the authority begins when your physician finds that you lack capacity. You can limit the authority, including decisions about mental health treatment, and you can name an alternate agent.

A California advance directive is not a last will and does not distribute property. A will, a trust or a beneficiary designation handles the estate.

Hospitals, POLST and the agent

Give a copy of the signed directive to your agent, your doctor and the hospital you use. Keep the original where someone can find it, and tell a family member where it is. A hospital can scan the directive into its record, but a document nobody can produce cannot guide care.

A POLST form is different. It is a medical order signed by a physician for a person with a serious illness, and it tells emergency staff what treatment to provide. A POLST does not replace an advance directive, and an advance directive does not replace a POLST. Ask your doctor if a POLST is appropriate.

What to tell your agent

An agent who has never talked with you about treatment is being asked to guess. Sit down before a crisis and explain what you mean by comfort, what you would want tried, and what you would refuse. Give the agent permission to ask questions and to disagree with a family member who wants a different course.

Tell the agent where the signed directive is and who else has a copy. If you have a primary doctor, give the office a copy and ask that it be scanned into your record. A short conversation now can prevent a hospital hallway argument later, and it does not change the document itself.

After you sign

Review the directive after a serious diagnosis, a divorce, a move or a change in who you trust. Sign a new document and revoke the old one in writing. Give the revocation to your agent, your doctor and anyone who has a copy. A new directive usually replaces an older one, but a clear revocation avoids confusion.

California does not require you to file the directive with a state office. Some health systems offer an electronic registry, and a provider may ask you to upload a copy. That is a convenience, not a substitute for the signed paper.

Keep the original with your health care papers.
Give copies to the agent, the doctor and the hospital.
Tell a family member where the original is.
Review it after a diagnosis or a move.

Filled sample, California

Living will (advance directive)

STATE OF CALIFORNIA

I, Frances E. Okafor, of 712 Sequoia Avenue, Sacramento, CA 95814, make this living will and advance directive on my own behalf. I am an adult of sound mind, and I am making this document willingly. This document is governed by the laws of the State of California. If I cannot make health care decisions for myself, I want the instructions below to guide my care.

1. Terminal condition

If I have a terminal condition and my attending physician and a second physician agree that there is no reasonable chance of recovery, my instruction is: I want comfort care only. I do not want my life prolonged by treatment that offers no reasonable hope of recovery, except treatment that keeps me comfortable.

2. Permanent unconsciousness

If I am permanently unconscious and two physicians agree that there is no reasonable chance that I will regain consciousness, my instruction is: I do not want life-sustaining treatment. Treatment that offers no reasonable hope of recovery should not be started, and treatment already started should be stopped, except treatment that keeps me comfortable.

3. Artificial nutrition and hydration

My instruction about feeding tubes and intravenous nutrition is: I do not want a feeding tube. I understand that this choice may be the most difficult one in this document, and I want my agent and my care team to follow it as written.

4. Pain relief and comfort

My instruction about pain relief is: comfort is the priority. I want my care team to treat pain, shortness of breath and other distressing symptoms even when the medicine needed to do so may shorten my life. Comfort care, hygiene, positioning and human contact should continue at all times.

5. Organ and tissue donation

My choice about organ and tissue donation is: yes. If the choice is to donate, I authorize the procedures needed to evaluate and recover organs and tissue, and I authorize my agent to coordinate with the organ procurement organization.

6. My own words

What a tolerable life means to me: I want to recognize my family and to be able to speak with them. I do not want to live in a nursing home if I cannot leave my bed. I want to be cared for at home if that is possible..

Religious or cultural wishes: Please call my pastor, the Reverend Elena Marsh, if I am hospitalized for more than a few days..

7. My agent

If I have signed a medical power of attorney or health care proxy, I want the person named there to make decisions that this document does not cover, and to interpret my wishes in light of what I have written here. If no agent is available, I want my physicians to follow this document and to consult the person named above for notification.

8. Revocation

I may revoke this document at any time by signing a written revocation, by destroying the document with the intent to revoke, or by signing a new document that conflicts with this one. A revocation should be given to my physician, my agent and anyone who has a copy. This document does not revoke a medical power of attorney unless I say so in writing.

9. Copies and effect

A copy of this signed document has the same effect as the original. A health care provider may rely on it in good faith. If any part is unenforceable, the rest remains in effect. This document is intended to be honored in California and in any state where I receive care, to the extent that state's law allows.

California note: this living will is intended to be used with an advance health care directive under California Probate Code 4700. The statutory form may be used instead, and a hospital may ask for it. Either two qualified witnesses or a notary acknowledgment is required under Probate Code 4673.

Declarant

Signature

Printed name: Frances E. Okafor

Date

Witness 1 signature

Witness 1 printed name

Witness 2 signature

Witness 2 printed name

Signing requirements: California: The document may be notarized or witnessed, as the state allows. 2 witnesses are required. Two qualified witnesses or a notary acknowledgment.

Source: Cal. Prob. Code §§ 4700 to 4743.

Example answers. The builder replaces them and uses the California signature block shown above.

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State where the document will be used

This changes the signing block and the rule citations.

Step 1 of 3

About you

Use your full legal name. The address helps a hospital match the document to your record.

Your full name

Your address

Person to notify

The person a hospital should call. It can be your agent or someone else.

Phone numberOptional

Signing in California

Notary or witnesses2 witnessesRules cited

California: The document may be notarized or witnessed, as the state allows. 2 witnesses are required. Two qualified witnesses or a notary acknowledgment.

Source: Cal. Prob. Code §§ 4700 to 4743 (opens the official source in a new tab). Read the California guide

Living will (advance directive)

STATE OF CALIFORNIA

1. Terminal condition

2. Permanent unconsciousness

3. Artificial nutrition and hydration

4. Pain relief and comfort

5. Organ and tissue donation

6. My own words

Religious or cultural wishes: Please call my pastor, the Reverend Elena Marsh, if I am hospitalized for more than a few days..

7. My agent

8. Revocation

9. Copies and effect

Declarant

Signature

Printed name: Frances E. Okafor

Date

Witness 1 signature

Witness 1 printed name

Witness 2 signature

Witness 2 printed name

Signing requirements: California: The document may be notarized or witnessed, as the state allows. 2 witnesses are required. Two qualified witnesses or a notary acknowledgment.

Source: Cal. Prob. Code §§ 4700 to 4743.

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Questions about the California form

Does California require a notary for a living will?

No. California accepts either two qualified witnesses or a notary acknowledgment for an advance health care directive. The builder adds the witness lines and shows the notary alternative.

Can my spouse be a witness in California?

A spouse may witness only if the spouse is not the agent and does not inherit from you. The safest choice is two adults who are not the agent, not a health care provider and not a person who inherits from the estate.

Is a California living will the same as a POLST?

No. A living will is a statement of wishes in an advance directive. A POLST is a medical order signed by a physician for a seriously ill patient. They serve different purposes and can be used together.

Does an advance directive from another state work in California?

California generally recognizes a directive signed under another state's law, but a hospital may ask for the California form. If you move to California, sign a new directive here and keep the old one until the new one is signed.

Not a law firm, not legal advice

PaperDeed is not a law firm and does not provide legal advice. We provide self-help templates and general information about signing rules. If you are unsure whether a document fits your situation, talk to a licensed attorney in your state.

Every rule above names its statute or state form, and links to the official text where the state publishes it online. This state guide was updated on October 20, 2026.