CA Assembly Bill 2805

Legislation

State: California
Signed: September 28, 2006

Effective: September 28, 2006
Chapter: 579

Summary

Legalizes an electronic advance health care directive if it is acknowledged before a Notary and makes provisions for signing a directive with a digital signature.

Affects

Amends Section 4673 of the California Probate Code.

Changes

Legalizes electronic advance care directives or durable powers of attorney for health care if the instrument is acknowledged before a Notary. (Note: Paper directives and powers of attorney are legal if signed in the presence of two witnesses or acknowledged before a Notary.)
If a digital signature is used in executing the electronic directive or power of attorney, the digital signature must: (a) Meet the requirements of Government Code Section 16.5 and Chapter 10 of Division 7 of Title 2 of the California Code of Regulations or use an algorithm approved by the National Institute of Standards and Technology; (b) be unique to the person using it; (c) be capable of verification; (d) be under the sole control of the person using it; (e) be linked to the data in such a manner that if the data are changed, the signature is invalidated; (f) persist with the electronic document and not by association in separate files; and (g) be bound to a digital certificate.

Analysis

Electronic notarization of advance health care directives is now legal in California! Any type of electronic signature is permitted, although if a digital signature is used, the digital signature must conform to the standards contained in the new law. (Note: the bill is not exactly clear in stating whether the principal signer, Notary, or both parties are using a digital signature.)

Read Assembly Bill 2805.