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To obtain or create an advance health care directive form: Contact your health care provider. Consult with private legal counsel. Refer to the Office of the Attorney General's website. Refer to Probate Code section 4701.
To make valid in California, your Advance Directive must be signed by two witnesses, OR acknowledged before a Notary Public. An Advance Directive lets you have a say about how you want to be treated if you get very sick.
The form must be signed by two qualified witnesses or acknowledged before a notary public. Give a copy of the signed and completed form to your physician, to any other health care providers you may have, to any health care institution at which you are receiving care, and to any health care agents you have named.
Whether or not your home state calls for an official notarization by a notary public, every state in the U.S. requires your advance directive to be signed by witnesses. Some states require both witnesses and notary publics to sign advance directives.
In California, an Advance Directive is made of up two parts, (1) Appointment of an Agent for Healthcare and (2) Individual Health Care Instructions. A person may choose to complete either one or both of these parts. Either part is legally binding by itself.
Advance directives need to be in writing. Each state has different forms and requirements for creating legal documents. Depending on where you live, a form may need to be signed by a witness or notarized. You can ask a lawyer to help you with the process, but it is generally not necessary.
Statute: Advance Directives The law that establishes advance directives in California is the Health Care Decisions Act. It is based on the Uniform Law Comission's Uniform Health Care Decisions Act. It is in the California Probate Code, at Sections 4670 through 4806.