# Living Will: Definition and How It Works in California

> A living will is a written statement of the medical treatment a person wants or refuses if they can no longer speak for themselves.

Source: https://ridleylawoffices.com/estate-planning-glossary-california/living-will/

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

A **living will** is a written statement of the medical treatment a person wants or refuses if they can no longer speak for themselves. California does not have a separate living will law; here, those instructions are usually written into an advance health care directive, which also names an agent to make decisions.

## How it works in California

Ridley Law’s [guide to living wills in California](https://ridleylawoffices.com/why-have-a-living-will-california/) covers why this document still matters even without its own statute. Prob. Code, § 4701 provides a statutory advance health care directive form that combines both pieces in one document: a section for the person’s own treatment instructions, which functions as the living will, and a section naming a health care agent to decide anything the instructions do not cover.

Because the two pieces live in one document, most people never sign anything labeled “living will” in California. See Ridley Law’s [comparison of the advance health care directive, the living will, and the POLST](https://ridleylawoffices.com/ahcd-vs-living-will-vs-polst-california/) for how these documents relate to each other and to a POLST, which is a medical order rather than a planning document.

## Why it matters

Without written treatment instructions, family members and doctors are left guessing what a person would have wanted. For example, someone who never writes down their wishes about artificial nutrition or ventilator support leaves that decision to whoever holds their health care power of attorney, who may have to choose without ever having discussed it.

## Common mistakes

Looking for a separate “living will” form in California instead of using the treatment-instructions section of an advance health care directive. Naming a health care agent but leaving the treatment-instructions section blank, which defeats much of the point of writing anything down. Assuming a living will and a POLST do the same job; a POLST is a medical order signed by a clinician, not a planning document a person fills out alone.

## Related terms

- [Advance Healthcare Directive](https://ridleylawoffices.com/estate-planning-glossary-california/advance-healthcare-directive/): the document that holds California’s version of a living will along with a health care agent designation.
- [POLST](https://ridleylawoffices.com/estate-planning-glossary-california/polst/): a medical order for seriously ill patients, not a substitute for a living will.
- [HIPAA Authorization](https://ridleylawoffices.com/estate-planning-glossary-california/hipaa-authorization/): a separate document that lets an agent or family member actually see medical records.

Part of the [California estate planning glossary](https://ridleylawoffices.com/estate-planning-glossary-california/). For the full treatment, see [CA Living Will Guide: Protect Your Autonomy](https://ridleylawoffices.com/why-have-a-living-will-california/).