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CA · LVG-WILL · Updated July 2026 · Free

California Living Will

Review Status: PendingAuthor: Editorial TeamMethodology: Statutory Verification

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California at a glance: Witnesses Required: 2 witnesses OR notarization · Nursing Home Rule: Requires Ombudsman signature · Governing Law: Cal. Prob. Code § 4701

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Overview

Living Wills in California

California living wills are typically structured as a comprehensive Advance Health Care Directive (AHCD), combining medical treatment wishes and agent designations (Cal. Prob. Code § 4701). To be valid, it must be signed by the declarant and either notarized OR signed by at least two qualified witnesses. If the declarant is in a skilled nursing facility, a state-appointed ombudsman or patient advocate must sign as one of the witnesses.
Key Facts

California Living Will — Quick Reference

RequirementCalifornia Rule
Witnesses Required2 witnesses OR notarization
Nursing Home RuleRequires Ombudsman signature
Governing LawCal. Prob. Code § 4701
Minimum Age18 years old
Legal Requirements

California Legal Requirements

  • Must be signed by the declarant and either notarized or signed by two witnesses.
  • Witnesses cannot be the designated healthcare agent, healthcare providers, or operators of community care facilities.
  • If in a skilled nursing facility, an ombudsman must witness and sign a special declaration.
Governing Laws

California Governing Laws

Cal. Prob. Code § 4701
Statutory Advance Directive Form
Provides the statutory text and instructions for California's Advance Health Care Directive.
Cal. Prob. Code § 4675
Nursing Facility Patient Directive
Mandates that directives executed in skilled nursing facilities must be witnessed by a health care advocate or ombudsman.

Read the full text of these laws at Cornell Law School's California legal resources or your state legislature's official website.

Questions & Answers

California Living Will — Frequently Asked Questions

Can my designated agent sign as a witness in California?

No. Your designated healthcare representative cannot act as a witness to the signing of your Advance Directive.

What is the role of an ombudsman in California advance directives?

Under California law, if you are a patient in a skilled nursing facility, your directive is not valid unless a state ombudsman signs a witness declaration certifying you understand the document.