An advance health care directive is one of the most important documents in an estate plan. It names the person who can make medical decisions for you if you can't speak for yourself, and it lets you put your wishes in writing.

One of the most common questions families ask is simple: does it need to be notarized?

In California, the answer is that you have two options. Here's how each one works and why many people choose a notary.

Option 1: Sign in front of a notary

Your advance health care directive is valid if you sign it and acknowledge your signature before a California notary public. The notary checks your ID, confirms you're signing willingly, completes the certificate, and records the signing in their journal.

No witnesses are needed when you go this route (with one important exception for skilled nursing facilities, covered below).

Option 2: Sign in front of two qualified witnesses

Instead of a notary, you can sign in front of two adult witnesses who either know you personally or have seen proof of your identity. Both witnesses sign the directive and declare that you appeared to be of sound mind and not under pressure.

That sounds easy, but California law is strict about who can serve as a witness.

Who cannot be a witness

These people are not allowed to witness an advance health care directive in California:

• The person you're naming as your health care agent

• Your doctor or any other health care provider

• Employees of your health care provider

• The operator or employees of a community care facility or residential care facility for the elderly

On top of that, at least one of the two witnesses must be someone who is not related to you by blood, marriage, or adoption and who won't inherit anything from your estate.

This is where families often get stuck. The people who are usually around (your spouse, your adult children, the nurse caring for you) often can't serve as one or both witnesses.

The special rule for skilled nursing facilities

If the person signing is a patient in a skilled nursing facility, California adds one more requirement. A patient advocate or ombudsman must sign the directive as a witness. This applies whether the directive is witnessed or notarized.

If your loved one is in a skilled nursing facility, contact the facility early to ask how to arrange the ombudsman, since scheduling can take time.

Why many families choose a notary

Both options are valid, but notarization tends to be simpler. You don't have to track down two qualified witnesses or worry about whether someone is disqualified. The notary's journal also creates a clear record of who signed, when, and how their identity was confirmed.

Many estate planning attorneys prefer notarization for these reasons. If you're working with an attorney, follow their instructions on which option to use.

What to have ready for the notary

• A current government issued photo ID, or one issued within the last five years

• The complete, unsigned directive with all blanks filled in

• The signer, alert and able to communicate on their own

Please don't sign before the notary arrives. The signature or acknowledgment has to happen in the notary's presence.

And remember, a notary can't help you fill out the form or tell you which choices to make. Questions about the content of your directive should go to your attorney.

How Riqueza Business Ventures™ LLC can help

We notarize advance health care directives as part of complete estate plan signings or on their own, at homes, offices, hospitals, and care facilities throughout the Bay Area, including Menlo Park, Palo Alto, Redwood City, Mountain View, Los Altos, and San Carlos.

Riqueza Business Ventures™ LLC is a BBB Accredited Business, and every signing is handled by a California Commissioned Notary Public. Service is available in English and Spanish, so every signer understands the process from start to finish.

Ready to make your wishes official? Book online at riquezabv.com/appointments.

This article is for general information only and is not legal advice. Please consult your attorney about your specific situation.