How to Create a Living Will in California: Step-by-Step Guide 

Many Californians assume their loved ones “just know” what they’d want in a medical emergency, but without a living will in California, those wishes may never be followed. In difficult moments, families are often left guessing about critical medical decisions, which can lead to confusion, conflict, and emotional strain. 

A living will, also known in California as an advance healthcare directive, allows you to clearly state your preferences for medical care if you’re ever unable to speak for yourself. It’s a compassionate document that removes uncertainty for those you love while giving you a voice when it matters most, as described in advance healthcare directives and why they are important. 

Whether you’re updating your California estate planning documents or thinking about these decisions for the first time, creating a living will is a meaningful way to bring clarity and organization to your overall end-of-life planning. 

Understanding What a Living Will Is (and Isn’t)  

Imagine being in a hospital room where your loved ones are asked to make medical decisions on your behalf. They want to do what’s right, but without clear guidance, they’re left guessing. That uncertainty is exactly what a living will, known in California as an advance healthcare directive, is designed to prevent. 

A living will is a written record of your wishes for medical treatment if you’re ever unable to communicate them yourself. It covers important choices such as whether you want life-sustaining treatment, how you’d like pain managed, and your preferences for end-of-life care. In moments when emotions run high, it becomes a roadmap that protects both your voice and your loved ones’ peace of mind. 

It’s also helpful to clear up a common misunderstanding. A living will is not the same as a last will and testament. Your last will deals with your assets and who receives them after you pass away, while a living will focuses entirely on your medical care while you are still alive but unable to speak for yourself, similar to how a living trust and a will differ in purpose. 

In California, these directives are backed by law through Probate Code Sections 4600 to 4806, which define how they must be created and recognized by healthcare providers. Having one in place helps your family avoid difficult guessing games and helps your doctors honor your choices with confidence. 

Step 1: Reflect on Your Values and Medical Preferences  

 Before putting anything on paper, take time to think about what truly matters to you. Consider the types of medical care you would want if you could not communicate your decisions. Would you want to receive life-sustaining treatment in every situation or only if there is a strong likelihood of recovery? How do you feel about pain management, organ donation, or comfort-focused care in your final days? These are deeply personal questions, and your answers will help guide those who love you through uncertain times. 

Think of this process as creating a roadmap for your family. Without one, your loved ones may find themselves trying to navigate unfamiliar and emotional territory in the dark, unsure of which direction you would have chosen. By taking time to reflect now, you give them clarity and relief when they need it most. 

It can help to have an open, honest conversation with your spouse, children, or other trusted family members before you finalize your living will. These discussions not only clarify your wishes but also prepare them for the responsibility of carrying them out, as part of a thoughtful California estate planning process. Taking this step gives your loved ones the confidence to follow your wishes, knowing the choices they make will honor what matters most to you. 

Step 2: Choose a HealthCare Agent You Trust  

Once you’ve reflected on your medical preferences, the next step is choosing someone who can speak for you if you can’t speak for yourself. In California, this person is known as your healthcare agent or healthcare proxy, and you’ll name them as part of your advance health care directive. 

Your healthcare agent is the person doctors will turn to for decisions about your medical treatment, hospital care, or long-term care if you’re unable to communicate. It’s one of the most important roles in your estate plan, as this person becomes your voice during some of life’s most challenging moments. 

When deciding who to appoint, think about more than just who is closest to you. Consider who can remain calm under pressure, communicate clearly with medical professionals, and honor your wishes even if others might disagree. Proximity also matters; someone who lives nearby or can easily travel to you may be better able to act quickly when needed. 

You can also name an alternate agent to step in if your first choice is unavailable. This backup adds an extra layer of protection so your preferences are always represented. 

Choosing a health care agent you trust is one of the most meaningful steps in how to make a living will. It helps you make certain that your wishes are respected and carried out with care.  

Step 3: Complete California’s Advance Health Care Directive Form  

Once you’ve clarified your wishes and chosen a trusted healthcare agent, the next step is to make it official by completing California’s advance healthcare directive form. This document brings everything together. It serves as both your living will and your medical power of attorney, allowing you to state your preferences and name the person who will carry them out. 

The official California Advance Health Care Directive form is available through the California Attorney General’s website, most hospitals, or from an estate planning attorney. While the form itself is straightforward, the choices it contains deserve careful thought. 

As you fill it out, be as specific as possible. For example, instead of writing “no extraordinary measures,” describe what that means to you. Do you want to receive CPR or be placed on a ventilator? Would you prefer treatments that focus on comfort rather than prolonging life? Clear instructions reduce the emotional burden on your family and minimize the chance of disagreements later on. 

It can also help to leave space for flexibility. Your feelings about certain treatments may change over time, and the directive can be updated whenever your circumstances or preferences do. Taking the time to complete and review this form is an essential part of how to make a living will in California.  

Step 4: Sign and Witness Properly

After completing your advance health care directive, the next step is to make it legally valid by signing and having it properly witnessed. This step may seem like a formality, but it is what gives your document legal weight in California. You must sign the directive while you are of sound mind, meaning you fully understand what you are signing and the decisions it contains. 

Once you sign, the document needs either two witnesses or a notary public to make it official. 

If you choose to use witnesses, make sure they meet California’s requirements. Witnesses cannot be named in your directive, and they cannot be anyone who stands to benefit financially from your estate. Ideally, they should be neutral parties who can confirm that you signed the document voluntarily and understood what you were doing. 

One of the most common mistakes people make is forgetting this step altogether. A directive that isn’t properly witnessed or notarized may not be recognized by medical professionals, leaving your wishes unenforceable at the moment they matter most. 

Taking a few extra minutes to complete this step carefully gives your living will the authority it needs. It also gives your loved ones confidence that your instructions are valid and will be followed as part of your broader end-of-life planning process.  

Step 5: Store and Share Your Living Will  

Once your living will is signed and witnessed, it’s time to make sure it’s accessible when it’s needed most. A thoughtfully prepared document only helps if the right people can find it quickly. 

Start by giving copies to your health care agent and any alternate agents you’ve named. They are the people most likely to need it in an emergency. You should also share a copy with your primary care doctor so it can be added to your medical records, as well as with any specialists who are involved in your ongoing care. Your estate planning attorney should keep a copy on file as part of your broader California estate planning documents. It’s also wise to give a copy to close family members or anyone who may be involved in decision-making during a crisis. Open communication helps prevent confusion or conflict later on. 

Store the original in a safe but accessible location. Avoid keeping it in a safe deposit box, as your family may not be able to reach it right away. Instead, choose a home safe, filing cabinet, or digital vault where your agent and family know how to access it. 

If your healthcare provider offers a patient portal, consider uploading a digital copy there as well. Many hospitals and clinics can reference these documents directly from your electronic medical record, which can save valuable time during an emergency. 

Taking these steps makes your living will more than a document. It becomes a clear, accessible plan that speaks for you when you cannot and provides your loved ones with the guidance and peace of mind they’ll be grateful to have. 
  

Step 6: Review and Update Regularly  

Creating a living will is an important step, but it is not a one-time task. Life changes, and your wishes may change along with it. Reviewing your document regularly helps keep it aligned with your current circumstances, beliefs, and medical preferences. 

A good rule of thumb is to revisit your living will after major life events such as marriage, divorce, the birth of a child, a new medical diagnosis, or the passing of a loved one. You may also want to review it when your healthcare agent’s situation changes, for example, if they move away or are no longer able to take on the role. 

Medical technology and treatment options continue to evolve, and your perspective on certain procedures may shift over time. What once felt right might no longer reflect your current wishes or values. Regular updates help prevent confusion and give your family and healthcare providers the clarity they need. 

Think of your living will as a living document that grows with you. Setting a reminder to review it every few years, or whenever life takes a major turn, can help keep your plan relevant and accurate as part of your long-term end-of-life planning strategy. 

Taking the time to update this document is another way to care for your loved ones. It reassures them that the decisions they make on your behalf reflect who you are today, not who you were years ago.

The Role of a Financial and Estate Planner  

A living will is just one part of a well-rounded estate and legacy plan. While it focuses on your medical care, it connects closely with the financial and legal decisions that protect your family and your future. When all of these elements work together, they form a complete plan that reflects both your wishes and your values. 

A financial and estate planner can help coordinate your medical directives with your broader estate strategy. This includes aligning your living will with documents such as your trust, durable power of attorney, and last will and testament, which are often reviewed during updates to your estate plan before it creates problems. These documents serve different purposes but should complement one another to avoid confusion or gaps in decision-making. 

Professionals can also help you think through practical details, such as how medical expenses might be covered or how your financial power of attorney will interact with your healthcare decisions. Their role is to bring clarity to the process and help you create a plan that protects your well-being while preserving your legacy. 

At Liberty Group, we help Californians integrate their healthcare and estate planning wishes into one cohesive strategy. Our goal is to provide guidance that brings together every part of your plan so you and your loved ones can move forward with confidence and peace of mind.  

Conclusion  

When decisions about your care need to be made, a living will provides direction and peace of mind for those closest to you. By putting your wishes in writing, you help reduce uncertainty and make it easier for your loved ones to make decisions that reflect what matters most to you.  

Taking this step can provide a sense of relief, knowing that your preferences are documented and accessible when needed. It is one of the simplest ways to bring greater organization and thoughtfulness to your overall estate plan.  

If this article has helped you consider your own planning needs, you can take the next step by connecting with our team through this page to explore how a living will fits within your broader financial and estate goals.  

Standard Disclosure  

This blog expresses the author’s views as of the date indicated, are subject to change without notice, and may not be updated.  The information contained within is believed to be from reliable sources.  However, its accurateness, completeness, and the opinions based thereon by the author are not guaranteed – no responsibility is assumed for omissions or errors.  This blog aims to expose you to ideas and financial vehicles that may help you work towards your financial goals. No promises or guarantees are made that you will accomplish such goals.   

Past performance is no guarantee of future results, and any expected returns or hypothetical projections may not reflect actual future performance or outcomes. All investments involve risk and may lose money. Nothing in this document should be construed as investment, tax, financial, accounting, or legal advice. Each prospective investor must evaluate and investigate any investments considered or any investment strategies or recommendations described herein (including the risks and merits thereof), seek professional advice for their particular circumstances, and inform themselves about the tax or other consequences of any investments or services considered.    

Investment advisory services are offered through Liberty Wealth Management, LLC (“LWM”), DBA Liberty Group, an SEC-registered investment adviser.  For additional information on LWM or its investment professionals, please visit www.adviserinfo.sec.gov  or contact us directly at 411 30^th Street, 2^nd Floor, Oakland, CA  94609, T: 510-658-1880, F: 510-658-1886,  www.libertygroupllc.com. Registration with the U.S. Securities and Exchange Commission or any state securities authority does not imply a certain level of skill or training.  

References  

U.S. Bank. (n.d.) Understanding Wills, Living Trusts, and Living Wills. https://www.usbank.com/financialiq/plan-your-future/trusts-and-estates/living-trust-vs-will-whats-the-difference.html