Living will FAQ
Frequently asked questions about living will notarization in California.
Does California recognize a living will?
California does not have a statutory document called a living will. The equivalent is Part 2 of the Advance Healthcare Directive — Instructions for Health Care — which documents your wishes about specific treatments including resuscitation, mechanical ventilation, tube feeding, and palliative care. California will generally recognize a living will prepared in another state, but using the California AHCD form is recommended for California residents.
What does the Instructions for Health Care (AHCD Part 2) cover?
Part 2 of the California AHCD lets you document: whether you want life-sustaining treatment if you have a terminal condition or are permanently unconscious, your preferences for artificial nutrition and hydration, your wishes about pain management and comfort care, organ donation preferences, and any other specific instructions for your providers.
Do I need to execute both Part 1 and Part 2 of the AHCD?
No. You can execute Part 1 (agent designation) alone, Part 2 (treatment instructions) alone, or both together. Most attorneys recommend the full AHCD so both your agent's authority and your treatment wishes are in one notarized document.
Is an out-of-state living will valid in California?
Generally yes — California Probate Code §4701 recognizes directives validly executed under the law of the state where signed. However, California hospitals and providers are most familiar with the California AHCD form. If the patient is a California resident in California care, using the California form is simpler and eliminates uncertainty.
What is the difference between a living will and a POLST?
A living will (AHCD Part 2 in California) is a legal document expressing your personal wishes — it guides your agent and providers but is not a physician order. A POLST is a physician order that directs immediate treatment decisions. They work together: the AHCD expresses your general wishes, the POLST translates them into actionable medical orders for emergency situations.
Can the AHCD be notarized at the hospital?
Yes — that is exactly what we do. We travel to patient rooms, ICUs, nursing homes, and hospice facilities throughout Los Angeles and Ventura County to notarize California AHCDs. The patient must be alert, able to communicate, and have a current government-issued ID (or we can use two credible identifying witnesses).
What is the §4675 nursing home ombudsman rule?
California Probate Code §4675 requires that if the patient is a resident of a skilled nursing facility and chooses the two-witness route, one of those witnesses must be a state-designated patient advocate or ombudsman. This is the rule most online form services don't mention. Notarization avoids it entirely — when we notarize the AHCD no witnesses are required, so no ombudsman is required either.
What if no form is ready when you arrive?
Please have the completed statutory Part 2 form ready before we arrive. The California AHCD statutory form (which contains the Part 2 treatment-wishes section) is available for free download from the California Medical Association, the California Attorney General's office, and the Coalition for Compassionate Care of California. Many hospital patient-relations or social work departments also keep blank copies on hand. We notarize the acknowledgment; we do not draft, fill in, or advise on what treatment preferences to record.