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CALIFORNIA LEGAL INFORMATION
Living Will (Advanced Medical Directive)-- Links and Statutes
Notary or 2 witnesses: Either two witnesses or an notary must witness the signature of the maker; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation.
Who may be an agent? None of the following persons may make health care decisions as an agent under a power of attorney for health care or a surrogate under this division:
(1) The supervising health care provider or an employee of the health care institution where the patient is receiving care.
(2) An operator or employee of a community care facility or residential care facility where the patient is receiving care.
(b) The prohibition in subdivision (a) does not apply to the following persons:
(1) An employee, other than the supervising health care provider, who is related to the patient by blood, marriage, or adoption, or is a registered domestic partner of the patient.
(2) An employee, other than the supervising health care provider, who is employed by the same health care institution, community care facility, or residential care facility for the elderly as the patient.
See California Probate Code, Section 4659.
Must health care agent sign form? No requirement that health care agent sign form;
California Statute on Advanced Health Care Directive form: California Probate Code, Section 4670; see also Sections 4695-4698
Suggested Advanced Health Care Directive from California Probate Code
Q&A upon California Advanced Health Care Directive from the California Medical Association
Select California Statutes
- Witnesses: Two witnesses OR a notary are necessary to the signature of the maker;
See California Probate Code, Section 4673.
- Who may be a witness? California law has the following requirements for witnesses to an advanced medical directive:
(a) The witnesses shall be adults.
(b) Each witness signing the advance directive shall witness either the signing of the advance directive by the patient or the patient's acknowledgment of the signature or the advance directive.
(c) None of the following persons may act as a witness:
(1) The patient's health care provider or an employee of the patient's health care provider.
(2) The operator or an employee of a community care facility.
(3) The operator or an employee of a residential care facility for the elderly.
(4) The agent, where the advance directive is a power of attorney for health care.
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(e) At least one of the witnesses shall be an individual who is neither related to the patient by blood, marriage, or adoption, nor entitled to any portion of the patient's estate upon the patient's death under a will existing when the advance directive is executed or by operation of law then existing.
See California Probate Code, Section 4674.
- Maker who is skilled nursing facility patient at time of execution of advanced medical directive. If an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance directive is not effective unless a patient advocate or ombudsman, as may be designated by the Department of Aging for this purpose pursuant to any other applicable provision of law, signs the advance directive as a witness, either as one of two witnesses or in addition to notarization. The patient advocate or ombudsman shall declare that he or she is serving as a witness as required by this subdivision. It is the intent of this subdivision to recognize that some patients in skilled nursing facilities are insulated from a voluntary decisionmaking role, by virtue of the custodial nature of their care, so as to require special assurance that they are capable of willfully and voluntarily executing an advance directive.
See California Probate Code, Section 4675.
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