Advance Health Care Directive — Witness vs. Notary

California Probate Code §4700 et seq. governs advance health care directives (AHCDs), which allow individuals to document health care preferences and designate agents for medical decisions. An AHCD may be authenticated by either of two methods:

Method 1: Two adult witnesses who sign the directive. Witnesses may not be: the designated health care agent, the health care provider or an employee of the facility, a community care or residential care facility operator or employee, or an heir or beneficiary of the principal's estate.

Method 2: Acknowledgment before a notary public — using standard acknowledgment procedure.

Special rule: if the AHCD is executed in a skilled nursing facility or similar care facility, a patient advocate or ombudsman must also sign — regardless of which authentication method is used.

A notary performing an acknowledgment on an AHCD is authenticating the principal's voluntary signature, not advising on medical decisions.

Exam Tip: Exam questions commonly ask whether a notary acknowledgment is required for an AHCD. It is not — it is one option, not the only one. Also note: a notary who is a beneficiary of the principal's estate may not witness the AHCD, but may still notarize it. Witnessing and notarizing are different legal acts with different eligibility rules.