Notary for Healthcare Directives

An advance healthcare directive is one of the most important documents you can create. It ensures your medical care wishes are honored if you become unable to communicate them yourself. In California, healthcare directives can be made valid through either notarization or witnesses, but choosing notarization offers significant advantages.

What Is an Advance Healthcare Directive?

An advance healthcare directive (AHD) is a legal document that combines two important functions:

• Healthcare power of attorney: Designates someone (your "agent") to make medical decisions on your behalf if you cannot make them yourself.
• Living will: Specifies your preferences for medical treatment, including end-of-life care, resuscitation, organ donation, and pain management.

In California, the statutory form for an advance healthcare directive is found in Probate Code Section 4701.

Notarization vs. Witnesses

California law (Probate Code Section 4673) requires that an advance healthcare directive be either:

• Notarized by a notary public, or
• Signed by two qualifying adult witnesses

While both options are legally valid, notarization is generally the better choice for several reasons:

• Easier to execute: Finding one notary is simpler than finding two qualifying witnesses.
• Broader acceptance: Healthcare providers and institutions are more likely to accept a notarized directive without question.
• Stronger authentication: The notary's identity verification process provides stronger proof that the directive is genuine.
• No witness restrictions: California has specific rules about who can serve as a witness (they cannot be your healthcare provider, an employee of your healthcare provider, or the operator of a community care facility). Notarization avoids these complications.

When Healthcare Directives Are Urgent

Healthcare directives often become urgent during medical emergencies. If a loved one is hospitalized and facing surgery or declining health, getting a directive notarized quickly is critical. Hospital notary services and emergency mobile notaries can help in these time-sensitive situations.

However, the ideal time to create a healthcare directive is before a medical emergency arises. Every adult should have one regardless of their current health status.

The Notarization Process for Healthcare Directives

1. Prepare the document: Use the California statutory form or have an attorney draft a customized directive.
2. Choose your healthcare agent: Select a trusted person who understands your wishes and is willing to serve.
3. Meet with the notary: Appear before a notary with your valid photo ID. Your healthcare agent does not need to be present.
4. Sign and notarize: Sign the directive in the notary's presence. The notary completes the acknowledgment and applies their seal.
5. Distribute copies: Provide copies to your healthcare agent, your doctor, the hospital where you may be treated, and keep one in a readily accessible location.

Related Estate Planning Documents

A healthcare directive is often part of a broader estate planning package that includes:

• Durable power of attorney for financial matters (must be notarized in California)
• Living trust and trust transfer deeds
• Pour-over will
• HIPAA authorization (granting access to your medical records)

Many people notarize all these documents in a single appointment to save time and ensure everything is properly executed.

Cost and Where to Get It Done

Notarizing a healthcare directive costs $15 per signature in California. If a mobile notary comes to you, add a travel fee. For hospital visits, expect total costs of $75 to $150 including travel and any urgency surcharges.

Find a notary for your healthcare directive through our Los Angeles notary directory.