Putting It In Writing First
Prob. Code 4673 — dated, signed, and a notary or two witnesses
In California, a written advance health care directive is legally sufficient if it contains the date it was signed, is signed by the patient or by another adult in the patient's presence and at the patient's direction, and is either acknowledged before a notary public or signed by at least two witnesses who meet the witness rules.
Who may not witness. The patient's health care provider or its employee, the operator or an employee of a community care facility or a residential care facility for the elderly, and the agent named in a power of attorney for health care. Each witness declares under penalty of perjury that the patient signed in their presence and appeared of sound mind and under no duress.
One witness from outside the family and the estate. At least one witness must be neither related to the patient by blood, marriage or adoption nor entitled to any part of the patient's estate, and signs a further declaration saying so.
Electronic directives. An electronic directive with a digital signature needs a notary's acknowledgment rather than witnesses, and the signature must meet the requirements the section lists.
| The assumption | What the law actually does |
|---|---|
| The assumptionTwo family members can witness it | What the law actually doesAt least one witness must be outside the family and the estate |
| The assumptionThe doctor's staff can witness it | What the law actually doesThe patient's health care provider and its employees may not |
Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed California attorney.
Sources for this section (2)
- Prob. Code 4673 — Advance health care directive: legal sufficiency
- Prob. Code 4674 — Advance health care directive: witnesses
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.