Powers of Attorney & Advance Health Care Directives in California
A durable power of attorney lets someone manage your finances if you become incapacitated, and an advance health care directive lets someone make medical decisions and records your wishes. Signing both ahead of time can spare your family a court conservatorship.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
Estate planning isn’t only about what happens when you die — it’s also about who steps in if you can’t make decisions for yourself. Two documents cover that in California.
Durable power of attorney (finances)
A power of attorney authorizes an agent to manage your money and property (Prob. Code §4000 et seq.). The key word is durable: a durable power of attorney stays in effect even after you become incapacitated (Prob. Code §4124). That’s what makes it useful for planning — your agent can pay bills and manage assets without a court. The authority ends at your death (after that, your will or trust takes over).
Advance health care directive (medical)
An Advance Health Care Directive does two things: it appoints a health care agent to make medical decisions for you, and it records your treatment wishes (Prob. Code §4600 et seq.).
To be valid, it must be signed by you (or at your direction) and either notarized or signed by two qualifying adult witnesses (Prob. Code §4673). Those witnesses can’t be your health care agent or your health care provider.
Why this avoids a conservatorship
Without these documents, if you lose capacity your family may have to ask a court for a conservatorship — a judge appoints someone to make decisions for you. It’s public, slow, and costly. Signing a durable power of attorney and a health care directive in advance usually avoids that.
These pair with your will and living trust to form a complete plan. To get matched with a local attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What is a durable power of attorney in California?
- A document that authorizes an agent to handle your finances and property. 'Durable' means it stays effective even if you become incapacitated (Probate Code §4124). It ends at your death.
- Does a power of attorney cover medical decisions?
- No — a financial power of attorney covers money and property. For health care you need an Advance Health Care Directive, which appoints a health care agent and records your treatment wishes.
- How is an advance health care directive signed in California?
- It must be signed by you (or at your direction) and either acknowledged before a notary public OR signed by two qualifying adult witnesses (Probate Code §4673). The witnesses can't be your health care agent or provider.
- How is this different from a conservatorship?
- Powers of attorney and health care directives are signed in advance, while you have capacity. A conservatorship is a court process where a judge appoints someone to make decisions after capacity is lost — slower and more expensive. Planning ahead can avoid it.
Sources
Related guides
- California Wills: Requirements & How They Work To make a valid California will you must be at least 18 and of sound mind, and the will must be in writing and signed. A typed will also needs two witnesses who are present at the same time; a fully handwritten (holographic) will needs no witnesses.
- How to Avoid Probate in California You can keep assets out of California probate with a living trust, a transfer-on-death deed for real estate, pay-on-death and beneficiary designations, joint tenancy or community property with right of survivorship, and the small-estate affidavit for estates of $208,850 or less.
- Revocable Living Trusts in California A revocable living trust holds title to your assets during life (you stay in control), then passes them to your beneficiaries through a successor trustee at death — without probate, because trust-titled assets aren't part of the probate estate.
- Will vs. Living Trust in California The core difference: a will still goes through probate, while a revocable living trust avoids it. A will is simpler and cheaper to set up; a trust costs more up front but saves your family the time, cost, and publicity of probate — which matters most if you own real estate.
- Related area: Probate in California