CA · MED-POA · Updated July 2026 · Free
California Medical Power of Attorney
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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
Medical Powers of Attorney in California
In California, the Medical Power of Attorney is legally incorporated as the agent-designation part of the **Advance Health Care Directive** (Cal. Prob. Code § 4701).
To be valid, it must be signed by the principal and either notarized OR signed by two qualified witnesses. If you reside in a skilled nursing facility, a state-appointed ombudsman or patient advocate must sign as a witness to prevent elder abuse.
Key Facts
California Medical Power of Attorney — Quick Reference
| Requirement | California Rule |
|---|---|
| Witnesses Required | 2 witnesses OR notarization |
| Nursing Home Rule | Requires Ombudsman signature |
| Governing Law | Cal. Prob. Code § 4701 |
| Minimum Age | 18 years old |
Legal Requirements
California Legal Requirements
- Must be signed by the principal and either notarized or witnessed by two adults.
- Witnesses cannot be the appointed agent, your healthcare provider, or an operator of a community care facility.
- If in a skilled nursing facility, an ombudsman must witness the signing.
Governing Laws
California Governing Laws
Cal. Prob. Code § 4701
Statutory Advance Directive
Provides the statutory form and rules for California healthcare agent designations.
Cal. Prob. Code § 4675
Ombudsman Witnessing
Mandates ombudsman witnessing for nursing facility patients.
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 Medical Power of Attorney — Frequently Asked Questions
Can my California agent make decisions if I can still speak?
No. Unless you explicitly check a box in the agreement to grant immediate authority, your agent's power only begins when you are determined to lack capacity.
Can a co-owner of my business sign as a witness in California?
Yes, but the witness cannot be your designated agent or a medical professional treating you.