Advance Health Care Directive: Notary or Witnesses

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By the notaries at Mar Vista Cheap Mobile Notary, commissioned by the California Secretary of State · Updated October 26, 2026 · Sources: California Notary Public Handbook (Secretary of State, 2026), Probate Code § 4673, Probate Code § 4674, Probate Code § 4675, Probate Code § 4701

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What an advance health care directive does

In California, an advance health care directive (often on the statutory form in Probate Code § 4701) combines two things: a power of attorney for health care, naming an agent to make medical decisions if you can’t, and individual health care instructions about treatment, end-of-life care, organ donation and similar wishes. What some people call a “living will” is part of this document in California.

Witnesses vs. notary

	Two witnesses	Notary acknowledgment
Who	Two adults who personally know you or to whom your identity is proven	A California notary, with you showing ID
Disqualified	Your agent; your health care provider or their employee; the operator or employees of a community care facility or residential care facility for the elderly. One witness also can’t be related to you or entitled to part of your estate	Not applicable
Skilled nursing facility patient	One witness must be a patient advocate or ombudsman	A patient advocate or ombudsman must sign in addition to the notarization
Practical issues	Finding two independent witnesses at a hospital can be hard; staff often can’t serve	A mobile notary can come to the bedside

The witness rules come from Probate Code § 4674. Each witness signs a declaration under penalty of perjury; the statutory form includes the wording.

The skilled nursing facility rule

Patients in a skilled nursing facility have extra protection: the directive is not effective unless a patient advocate or ombudsman signs it as a witness, either as one of the two witnesses or in addition to notarization (Probate Code § 4675). Coordinate with the facility, or the county’s long-term care ombudsman program, so the ombudsman and the notary can be there at the same time.

Notarizing at the bedside

Most directives we notarize are signed in a hospital, nursing home or at home when someone’s health has changed. The patient must be able to communicate with the notary, understand that they are naming someone to make decisions for them, and sign willingly, and must be identified with acceptable ID or two credible witnesses (the named agent can’t be one). A patient who can’t write can sign by mark. More: hospital notary service.

After signing

• Give copies to your agent, alternate agents, and your doctors; ask that it be added to your medical record.
• Keep the original somewhere your agent can find it.
• A directive doesn’t need to be recorded or filed with the state. California has an optional registry run by the Secretary of State.

Common questions

Does an advance health care directive need to be notarized in California?

No, not if two qualified witnesses sign it. Notarization is the alternative that avoids the witness rules. In a skilled nursing facility, an ombudsman or patient advocate must also witness.

Can my agent witness my advance health care directive?

No. The person you name as agent can’t be a witness, and can’t be a credible witness to identify you for the notary either.

Can a nurse witness an advance directive?

No. Your health care provider and their employees are disqualified as witnesses under Probate Code § 4674. Notarization avoids the problem.

Is a POLST the same as an advance directive?

No. A POLST is a medical order signed by you and your clinician. It doesn’t need a notary.