One term commonly thrown around by estate planners is “Advance Health Care Directive.” But what exactly is it, and how does it work? Below are some frequently asked questions about advance health care directives. What is an Advance Health Care Directive? An advance health care directive is an instrument in a legal document wherein a person (principal) appoints another (agent) to make medical decisions on the principal’s behalf should he become incapacitated and therefore unable to make such decisions on his own. What Are the Requirements for a Legally Sufficient Advance Health Care Directive? According to California Probate Code Section 4673(a), a written Advance Health Care Directive must (1) include the date of execution, (2) be signed either by the patient, or in the patients name by another adult at the patient’s direction, and (3) be notarized or witnessed by two adults. Certain people are excluded from being witnesses, including the patient’s health care provider or an employee therein, and operator or employee of a community care facility. Can an Advance Health Care Directive be Electronic? In short, yes. California Probate Code Section 4673(b) provides that an electronic Advance Health Care Directive will be legally sufficient where the requirements for a valid, written Advance Care Directive are satisfied, except that it must be notarized. Is An Advance Health Care Directive Valid in California? An Advance Health Care Directive executed in another state is valid in California if it was executed in compliance with the laws of that state. Such directives are enforceable in California to the extent that they would be enforceable in the state of execution. If you have other questions about Advance Care Directives, or would like assistance in drafting your own, call us at 818.956.9200.