Estate planning

Advance Health Care Directive

Put your medical wishes in writing and name the person who speaks for you when you cannot speak for yourself.

What it does

Two jobs in one document

An advance health care directive appoints a health care agent to make medical decisions if you cannot, and it records your instructions about treatment, life support, pain relief, and organ donation.

Without one, doctors and relatives are left to guess, and disagreements within a family can end up in court. With one, the person you trust has clear authority and your own words to follow.

At a glance

  • Names your agent and backups

  • Records your treatment wishes

  • Agent acts only when you cannot, unless you choose otherwise

  • Notarized or signed before two witnesses

  • Can be revoked at any time

What you decide

What your directive covers

01

Your health care agent

The person who talks with your doctors, consents to or refuses treatment, and reviews your medical records, with backups if your first choice is unavailable.

02

Life-sustaining treatment

Whether you want life support, tube feeding, or resuscitation if you are terminally ill or permanently unconscious.

03

Comfort and pain relief

Your wishes about pain medication and comfort care, including when relief might shorten life.

04

Donation and after death

Whether to donate organs or tissue, and who decides about your remains.

Choosing and signing

Choosing your agent and making it valid

Who should be my agent?

Someone who knows your values, can stay calm in a hospital, and will follow your wishes even if other relatives disagree. Living nearby helps during a long illness.

Who cannot be my agent?

California generally bars your supervising doctor, and employees of the hospital or care facility where you are being treated, from serving as your agent. Exceptions apply to employees who are related to you or who are your coworkers.

How is it signed?

It must be dated and signed, and either notarized or signed by two qualified witnesses. If you live in a skilled nursing facility, a patient advocate or ombudsman must also sign as a witness.

When should I update it?

After a new diagnosis, a significant decline in health, a divorce, or when your agent dies or moves away, and any time your wishes change. Give copies to your agent and your doctor so it can be found when it is needed.