California Advance Directive Law for Skilled Nursing Facilities

An advance directive is a set of instructions, usually in writing, about how you would want to be cared for medically if you could no longer speak for yourself. An advance directive is usually composed of a living will and a durable power of attorney for health care.

Significance

• Every state allows a mentally competent individual (the principal) to complete an advance directive stating his medical care preferences and appointing a surrogate to act on his behalf. The specific rules as to what constitutes a legal document, however, vary by state.

California Law

• An advance directive in California must be signed by the principal, or by another adult at the principal's direction and in her presence. The document must be notarized or signed by two adult witnesses, neither of whom can be an employee of a care center where the patient is residing, and at least one of whom must be unrelated to the patient.

California Skilled Nursing Facilities

• If the patient is a resident of a skilled nursing facility, the advance directive must be witnessed by a patient advocate or ombudsman. This individual must verify that the patient has the mental capacity to sign such a document and that the wishes expressed in the document are, in fact, the patient's.