{"id":371806,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/california-law\/california-living-wills-laws.html"},"modified":"2026-06-17T13:00:45","modified_gmt":"2026-06-17T18:00:45","slug":"california-living-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-living-wills-laws.html","title":{"rendered":"California Living Wills Laws"},"content":{"rendered":"\n
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California Living Wills Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A California<\/span> living will<\/span> is a legal document<\/span> where you can specify your medical treatment<\/span> preferences if you become incapacitated. It addresses end-of-life<\/span> decisions<\/span>, instructions for life-sustaining treatment<\/span>, palliative care, and organ donations<\/span>. All living wills<\/span> must be signed by a competent adult and notarized or attested to by two qualified witnesses. They are often part of an Advance Healthcare Directive<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

What is commonly called a living will<\/span> is known in California<\/span> as an advance healthcare directive<\/span>. For purposes of this article, we\u2019ll stick with \u201cliving will<\/span>.\u201d<\/p>\n

Although it is an important part of estate planning<\/span>, a living will<\/span><\/a> is not the same as a last will and testament<\/span>. Both are legal documents<\/span>\u00a0and\u00a0smart ways to plan ahead. They can bring peace of mind<\/span> to your\u00a0family members<\/span>\u00a0and\u00a0loved ones<\/span>\u00a0during a difficult time. A last will and testament<\/span> is essentially an instruction guide for how to distribute your property after your death. Your living will<\/span> is an instruction guide for your medical care<\/span> and related end-of-life<\/span> decisions<\/span> if you become incapacitated.<\/p>\n

In California<\/span>, a living will<\/span> serves as your healthcare instructions and can be a part of your Advance Health Care Directive<\/span> (AHCD), which may include a Power of Attorney<\/span> for Healthcare<\/span>. This article will explain the requirements for a California<\/span> living will<\/span>, show you how to create or update one, and get you one step closer to having your wishes legally recognized.<\/p>\n

California<\/span> Requirements for a Living Will<\/span><\/h2>\n

California<\/span>\u2019s original living will<\/span> statutes were previously known as the Natural Death Act and found in the state\u2019s Health and Safety Code. Today, the California<\/span> Probate<\/span> Code<\/span> is the primary source of state law governing AHCD\u00a0living wills<\/span>, outlining specific\u00a0provisions. To be a valid legal document<\/span>, your living will<\/span> must meet several requirements.<\/p>\n

Declarant Must Have Legal Capacity<\/h3>\n

The person making a living will<\/span> is called the declarant. The declarant must be at least 18 years old (or an emancipated minor) and of sound mind.<\/p>\n

Document Must Meet Specific Legal Requirements<\/span><\/h3>\n

The California<\/span> Probate<\/span> Code<\/span><\/a> sets the requirements for a living will<\/span> to be legal:<\/p>\n