What is an advance health care directive in California?

A power of attorney for health care naming an agent (Prob. Code §4671), an individual health care instruction (§4670), or both — and the statutory form of §4701 combines them. An adult may also designate a surrogate orally to the supervising health care provider (§4711).

When does a California health care agent's authority begin?

Unless the power of attorney for health care says otherwise, the agent's authority begins only on a determination that the principal lacks capacity, and ends on a determination that the principal has recovered it (Prob. Code §4682).

Is a California power of attorney durable?

Only if it says so: a durable power of attorney contains words such as "This power of attorney shall not be affected by subsequent incapacity of the principal" (Prob. Code §4124). California also allows a springing power that takes effect on a stated event, confirmed by a written declaration of the person the principal designates (§4129).

California Powers of Attorney & Advance Directives

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What advance directives are

Advance directives are documents you sign while you have capacity that let trusted people make decisions for you — financial and medical — if illness or injury later prevents you from deciding yourself. Without them, your family may have to ask a California court for a conservatorship, which is slow, public, and costly.

The core California documents

Durable power of attorney (Prob. Code §4124)

Authorizes an attorney-in-fact to handle your finances and property; it is durable when it says it survives your incapacity (Prob. Code §4124). California allows a power that takes effect immediately or one that “springs” on a stated event, such as incapacity, which the person you designate can confirm by a written declaration under penalty of perjury (§4129) — so who you name, and what you grant, matters.

Power of attorney for health care (Prob. Code §4671)

Names an agent to make health care decisions for you, and may include your instructions and authority over personal care (Prob. Code §4671). Unless it says otherwise, the agent's authority begins when you are determined to lack capacity and ends when you recover it (§4682). An adult may also designate a surrogate orally to the supervising health care provider (§4711).

Individual health care instruction (Prob. Code §4670)

States your wishes about health care — including life-sustaining treatment — orally or in writing (Prob. Code §4670), so your agent and your doctors know what you want. The statutory advance health care directive form puts the agent and the instructions in one document (§4701).

Conservator nomination & HIPAA authorization

A written advance health care directive may nominate a conservator for the court's consideration if protective proceedings are ever begun (Prob. Code §4672), and the court appoints the nominee unless that is not in your best interests (§1810); a HIPAA authorization lets named people receive your medical information. Often added to round out the set.

Why you need these even with a Trust

A revocable living Trust handles the assets inside it, but it does not make medical decisions, and it doesn't cover assets you never transferred in. Advance directives fill those gaps — and together with a will and a Trust, they keep decisions in the hands of people you chose, not a court.

Putting the set together in California

Which directives you need, and how they're worded, depends on your situation, your family, and your wishes. This page is general information, not legal advice. A free role check can show you where you stand, and a California attorney can prepare directives that fit you.

General information about California law, not legal advice.

Frequently asked questions

What is an advance health care directive in California?: A power of attorney for health care naming an agent (Prob. Code §4671), an individual health care instruction (§4670), or both — and the statutory form of §4701 combines them. An adult may also designate a surrogate orally to the supervising health care provider (§4711).
When does a California health care agent's authority begin?: Unless the power of attorney for health care says otherwise, the agent's authority begins only on a determination that the principal lacks capacity, and ends on a determination that the principal has recovered it (Prob. Code §4682).
Is a California power of attorney durable?: Only if it says so: a durable power of attorney contains words such as "This power of attorney shall not be affected by subsequent incapacity of the principal" (Prob. Code §4124). California also allows a springing power that takes effect on a stated event, confirmed by a written declaration of the person the principal designates (§4129).
Can I nominate a conservator in advance in California?: Yes. A written advance health care directive may nominate a conservator (Prob. Code §4672), and the court appoints the nominee unless the appointment is not in the proposed conservatee's best interests (§1810).

General information about California law, not legal advice.