California Healthcare Proxy: Prevent Family Conflict
TL;DR: In California, you name a health care agent (proxy) in an Advance Health Care Directive (AHCD). A clear AHCD guides your care, authorizes your agent to speak with your doctors, and reduces the chance of family disputes during a crisis.
What is a California Healthcare Proxy?
In California, your “health care proxy” is the person you name as your agent in an Advance Health Care Directive (AHCD). Your agent can talk with your doctors and make medical decisions if you cannot. Your AHCD can also record treatment preferences, end-of-life choices, pain management preferences, spiritual or cultural considerations, and instructions about anatomical gifts and disposition of remains. See the California Attorney General’s overview.
Why it prevents family conflict
Without clear instructions and a named decision-maker, loved ones may disagree about treatment, creating stress and delays. A signed AHCD helps by: (1) designating a single decision-maker you trust; (2) giving written guidance on your values and preferences; and (3) authorizing information sharing (for example, a HIPAA release) so decisions are timely and informed.
Key features of a California Advance Health Care Directive
- You may name a primary agent and one or more alternate agents.
- Your agent generally has the same authority you would have to make health care decisions when you lack capacity, unless you state otherwise.
- You can limit or expand your agent’s authority in the document, including decisions about life-sustaining treatment, care settings, and anatomical gifts/disposition of remains.
- Many California AHCDs, including the statutory form, allow you to include a HIPAA authorization so your agent (and, if you choose, others you identify) can access medical information needed to make decisions.
- You may revoke or change the directive at any time while you have capacity.
Authority and limitations are governed by California’s Health Care Decisions Law, Probate Code Division 4.7 (Probate Code, Div. 4.7).
Execution requirements in California
To be valid, an AHCD must be signed and either (1) acknowledged before a notary public, or (2) signed by two adult witnesses. Witnesses must meet statutory eligibility rules (for example, your agent cannot be a witness; at least one witness must be neither related to you by blood, marriage, or adoption nor entitled to any part of your estate; and there are additional limits for certain facility operators and staff). If you are a patient in a skilled nursing facility at the time of signing, a patient advocate or ombudsman must also witness the directive. See the statutory form instructions and Probate Code Division 4.7 (statutory form; Probate Code).
Choosing the right agent
- Select someone who understands your values, stays calm in emergencies, and will advocate for you even if others disagree.
- Confirm they are willing and available, and name alternates.
- Talk with your agent about your preferences and provide copies of your AHCD to your agent, primary care provider, and close family members.
Practical tip
Tell your agent how to find your AHCD quickly. Save a PDF on your phone, share it via your patient portal if available, and carry a wallet card noting your agent’s contact information.
How to talk with family to avoid disputes
- Share your directive and explain why you chose your agent.
- Discuss scenarios such as serious illness, surgery, or long-term care; clarify your goals of care.
- Invite questions now rather than during a crisis.
- Update your directive after major life events and let your family know when you make changes.
Quick checklist
- Complete the California AHCD and HIPAA release.
- Name a primary agent and at least one alternate.
- Decide on life-sustaining treatment preferences.
- Address organ donation and final arrangements if desired.
- Execute with a notary or two qualified witnesses.
- Give copies to your agent, doctors, and key family.
- Review after major life changes or every 2–3 years.
What happens if you do not have a directive
California law allows the selection of a surrogate when you have not appointed an agent, which can involve your providers identifying an appropriate decision-maker from family or close friends. This process can lead to delays or disagreements. Completing an AHCD lets you choose who decides and provide guidance about your wishes. See Probate Code Division 4.7 (link).
Using the California statutory form
California’s standard AHCD form includes sections to appoint an agent, provide instructions, grant HIPAA authorization, and make donation and funeral/burial decisions. Read the instructions carefully, complete only the parts you want, and follow the execution steps. Keep the original in a safe but accessible place and provide copies to your agent and doctors. See the statutory form and the Attorney General’s overview (link).
When to review and update
Revisit your directive after major life changes—such as a new diagnosis, marriage or divorce, a move, or changes in your named agent’s circumstances. Regular check-ins help ensure your choices reflect your current wishes and reduce the risk of family conflict.
FAQ
Do I need a lawyer to complete a California AHCD?
No, you can use the statutory form. However, a lawyer can tailor language, coordinate with other estate documents, and ensure proper execution.
When does my agent’s authority begin?
Usually when your primary physician determines you lack capacity, unless you specify otherwise in the AHCD.
Can I restrict certain decisions?
Yes. You can limit or expand authority, including life-sustaining treatment, care settings, and specific interventions.
Can I revoke my AHCD?
Yes, as long as you have capacity. Destroy prior copies and notify your agent and providers.
What if I am in a skilled nursing facility?
An additional witness requirement applies: a patient advocate or ombudsman must also witness the directive.
How our firm can help
We prepare California-compliant Advance Health Care Directives tailored to your values, coordinate HIPAA releases and emergency contacts, and facilitate family conversations to reduce conflict. We also review existing directives for completeness and clarity. Contact us to get started.
Sources
- California Office of the Attorney General – Advance Health Care Directive (accessed 2025-08-19)
- California Statutory Advance Health Care Directive Form (Probate Code Appendix) (accessed 2025-08-19)
- California Probate Code, Division 4.7 (Health Care Decisions Law) (accessed 2025-08-19)
California-specific information. Last reviewed 2025-08-19. This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and may vary based on your situation; consult a California attorney for guidance on your specific circumstances.