California Medical Power of Attorney FAQs

How can I get Medical Power of Attorney in California?

It is quick and easy to grant or obtain the authority you need with a free California Medical Power of Attorney template from Rocket Lawyer:

Make the PoA – Answer a few questions and we will do the rest

Send and share it – Look over it with your agent or ask a lawyer

Sign and make it legal – Required or not, witnesses/notarization are recommended

This solution is, in most cases, notably less expensive than hiring a conventional attorney. If necessary, you can start a Medical PoA on behalf of a family member, and then have that person sign it when ready. Please remember that for a Power of Attorney to be accepted as valid, the principal must be mentally competent at the time of signing. If the principal has already been declared legally incompetent, a conservatorship might be required. In this scenario, it is important to call a lawyer.

Who should have a Power of Attorney for healthcare in California?

Anyone who is over 18 years old ought to have a Medical Power of Attorney.

Even though it’s painful to acknowledge, there will likely come a time when you are not able to make important decisions on your own. Here are some common situations where you may find power of attorney to be helpful:

You are getting older or dealing with ongoing health issues

You currently live in or have plans to move into an adult care facility

You are planning for an upcoming medical procedure or period of hospitalization

You have been given a terminal diagnosis

Regardless of whether your California Medical Power of Attorney is being created in response to an urgent issue or as part of a forward-looking plan, notarization and/or witnesses are strongly encouraged for protecting your document if someone disputes its lawfulness.

Are a California Healthcare Proxy and a California Medical Power of Attorney the same thing?

Sometimes, in researching the subjects of elder care and estate planning, you might see the terms “healthcare power of attorney”, “medical power of attorney” and “healthcare proxy” being used interchangeably. In reality, they are the same. That being said, please keep in mind that it’s entirely possible to have agency over affairs that are not related to health care. In that case, “proxy” usually is not the term of choice.

Does a Medical Power of Attorney need to be notarized, witnessed, or recorded in California?

The specific requirements and restrictions governing PoA forms will vary in each state; however, in California, your document must be signed by two witnesses or notarized. Witnesses to a Healthcare PoA should not be any employer or operator of the healthcare or community/residential care facility providing your care. Only one of the witnesses may be someone who is an heir, a beneficiary, or otherwise legally related to you (such as a spouse, adopted child, or family member). Finally, as a general principle, your witness(es) will need to be over 18 years old, and none of them should also be your Power of Attorney agent.

See California Medical/Healthcare Power of Attorney law: § 4680 – 4691

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