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Health Care Power of Attorney Requirements in California

In California, a power of attorney for health care (part of an advance health care directive) must be notarized or signed by two adult witnesses; your agent and your health care provider cannot witness.

Last checked . General information, not legal advice.

California at a glance

Document name
Power of attorney for health care (advance health care directive)
Witnesses
2 witnesses or a notary
An electronic directive must be notarized.
Notary required
Notary or 2 witnesses
In a skilled nursing facility, a patient advocate or ombudsman must also sign as a witness.
Who cannot witness
Agent, health care providers, care facility operators and staff
At least one witness cannot be a relative by blood, marriage or adoption or an heir.

Sources

Last checked

The rules in California

What is a health care power of attorney called in California?

Document name in California: Power of attorney for health care (advance health care directive).

How many witnesses does a health care power of attorney need in California?

Witnesses in California: 2 witnesses or a notary. An electronic directive must be notarized.

Does a health care power of attorney have to be notarized in California?

Notary or 2 witnesses. Notary required in California: notary or 2 witnesses. In a skilled nursing facility, a patient advocate or ombudsman must also sign as a witness.

Who cannot witness a health care power of attorney in California?

Who cannot witness in California: Agent, health care providers, care facility operators and staff. At least one witness cannot be a relative by blood, marriage or adoption or an heir.

Where do the California health care power of attorney requirements come from?

The rules above come from Cal. Prob. Code 4673, Cal. Prob. Code 4674 and Cal. Prob. Code 4675. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.