Short answer: not always. In California, an Advance Health Care Directive (AHCD) is valid if you either sign in front of two qualified adult witnesses or have it acknowledged by a notary public. There are a few special rules, which we’ll unpack in plain language because advanced planning matters.
If you live in or around Santa Clarita, CA, you’ve probably seen different forms and heard mixed advice. That’s normal. California law allows both routes, but the details, who can serve as a witness, what happens in a nursing home, and how e-signing works, matter more than people expect.
We’ll clarify when notarization helps, when witnesses are required, and how to finish your directive so doctors and hospitals can rely on it. A common misconception? That you must always notarize. You don’t. If this is something you are dealing with at the moment, remember that the Law Offices of Andrew Cohen are expert advance healthcare directive attorneys in Santa Clarita, CA.
For a quick overview of what an advance healthcare directive actually covers, start with what is an advance healthcare directive.
Why People Struggle
- They hear “must be notarized” from a friend, even though California accepts two-witness signing as an alternative (Probate Code §4673).
- They use two witnesses but pick the wrong people (for example, someone who stands to inherit or a health care provider).
- They sign while in a skilled nursing facility and don’t realize a patient advocate/ombudsman must participate as a special witness.
- They try to complete an electronic AHCD and don’t know that e-signing requires a notary acknowledgment.
- They forget simple steps, dating the document, initialing key choices, or telling their medical team where the form is.
In this article, you’ll learn how to avoid these pitfalls and make informed choices.
Witnesses vs. Notary in California
California law says an AHCD is legally sufficient if it’s dated, properly signed, and then either acknowledged before a notary public or signed in front of at least two adult witnesses who meet specific rules. Those rules bar certain people from serving as witnesses (for example, your health care provider), require one witness to be disinterested (not related and not entitled to your estate), and add extra protections in care facilities (Cal. Prob. Code §4674). These requirements come straight from California’s Health Care Decisions Law in the Probate Code.
Practically, that means you can choose the simpler path for your situation. If two qualified adults can witness your signature, notarization isn’t required. If you can’t arrange witnesses, a notary acknowledgment is fine. Hospitals often accept either; the key is following the statute.
Common Mistake: “Any Two Adults Can Witness”
This is where people slip. California places limits on who may witness your AHCD. Your witnesses must be adults, watch you sign (or hear you acknowledge your signature), and, importantly, certain people cannot serve. Your health care provider, staff at your care facility, and the person you named as your agent are off-limits. At least one witness must also be “disinterested,” meaning not related to you and not set to inherit from you.
If you’re signing while in a skilled nursing facility, one of the required witnesses must be a patient advocate or long-term care ombudsman. That special rule is easy to miss and is a common reason forms get rejected.
Prefer e-signing? California permits an electronic AHCD, but it isn’t the same as clicking a box. The law requires a notary acknowledgment for electronic directives, and any digital signature must meet specific technical standards. If you don’t meet those standards, treat it like a paper directive and use two qualified witnesses or a notary in person.
Results When You Get It Right
When your AHCD is signed, dated, and properly witnessed or notarized, health care providers can rely on it with confidence. Your chosen agent can speak for you if you can’t. Care teams have fewer delays. Family members know who decides and what you prefer. If you move between providers in Santa Clarita and the greater Los Angeles area, a cleanly executed directive helps your wishes travel with you.
Two quick tips: keep a copy with you (or on your phone) and give copies to your agent, primary doctor, and local hospital. If you revise it, make sure old copies are replaced so there’s no confusion.
FAQs
Do I have to notarize my California advance directive?
No. You can use either two qualified adult witnesses or a notary acknowledgment. Some settings, like electronic directives, require a notary, but paper directives can use witnesses.
Who can’t be my witness?
Your health care provider, care-facility operator or staff, the agent you’re appointing, and at least for one of the two, anyone related to you or who stands to inherit.
What if I’m in a skilled nursing facility?
One witness must be a patient advocate or long-term care ombudsman, in addition to the standard witness rules.
Is e-signing allowed?
Yes, but an electronic AHCD requires a notary acknowledgment and compliant digital-signature standards. If that’s not feasible, use a paper form with two qualified witnesses.
If you need an Advance Healthcare Directive Lawyer in Santa Clarita, CA, contact Law Offices of Andrew Cohen at (661) 481-0100.
