reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 1 - General Provisions › Section 4679.

4679. (a) (1) This chapter does not prohibit the execution of a voluntary standalone psychiatric advance directive.
(2) As used in this chapter, “psychiatric advance directive” means a legal document, executed on a voluntary basis by a person who has the capacity to make medical decisions and in accordance with the requirements for an advance health care directive in this division, that allows a person with mental illness to protect their autonomy and ability to direct their own care by documenting their preferences for treatment in advance of a mental health crisis.
(b) It is the intent of the Legislature to promote the use of a psychiatric advance directive, subject to the requirements of this division, by a person who wants to make sure their health care providers know their treatment preferences in the event of a future mental health crisis.
(c) The Legislature finds and declares all of the following:
(1) Research has demonstrated that the use of psychiatric advance directives improves collaboration, which improves outcomes, increases empowerment, and improves medication adherence.
(2) A psychiatric advance directive is most helpful when it includes reasons for preferring or opposing specific types of treatment.
(3) Mental health preferences that do not constitute health care instructions or decisions as defined in this part may provide valuable information to improve an individual’s mental health care.
(Added by Stats. 2023, Ch. 171, Sec. 2. (AB 1029) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4680.

4680. A power of attorney for health care is legally sufficient if it satisfies the requirements of Section 4673.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4681.

4681. (a) Except as provided in subdivision (b), the principal may limit the application of any provision of this division by an express statement in the power of attorney for health care or by providing an inconsistent rule in the power of attorney.
(b) A power of attorney for health care may not limit either the application of a statute specifically providing that it is not subject to limitation in the power of attorney or a statute concerning any of the following:
(1) Statements required to be included in a power of attorney.
(2) Operative dates of statutory enactments or amendments.
(3) Formalities for execution of a power of attorney for health care.
(4) Qualifications of witnesses.
(5) Qualifications of agents.
(6) Protection of third persons from liability.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4682.

4682. Unless otherwise provided in a power of attorney for health care, the authority of an agent becomes effective only on a determination that the principal lacks capacity, and ceases to be effective on a determination that the principal has recovered capacity.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4683.

4683. Subject to any limitations in the power of attorney for health care:
(a) An agent designated in the power of attorney may make health care decisions for the principal to the same extent the principal could make health care decisions if the principal had the capacity to do so.
(b) The agent may also make decisions that may be effective after the principal’s death, including the following:
(1) Making a disposition under the Uniform Anatomical Gift Act (Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7 of the Health and Safety Code).
(2) Authorizing an autopsy under Section 7113 of the Health and Safety Code.
(3) Directing the disposition of remains under Section 7100 of the Health and Safety Code.
(4) Authorizing the release of the records of the principal to the extent necessary for the agent to fulfill his or her duties as set forth in this division.
(Amended by Stats. 2006, Ch. 249, Sec. 2. Effective January 1, 2007.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4684.

4684. An agent shall make a health care decision in accordance with the principal’s individual health care instructions, if any, and other wishes to the extent known to the agent. Otherwise, the agent shall make the decision in accordance with the agent’s determination of the principal’s best interest. In determining the principal’s best interest, the agent shall consider the principal’s personal values to the extent known to the agent.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4685.

4685. Unless the power of attorney for health care provides otherwise, the agent designated in the power of attorney who is known to the health care provider to be reasonably available and willing to make health care decisions has priority over any other person in making health care decisions for the principal.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4686.

4686. Unless the power of attorney for health care provides a time of termination, the authority of the agent is exercisable notwithstanding any lapse of time since execution of the power of attorney.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4687.

4687. Nothing in this division affects any right the person designated as an agent under a power of attorney for health care may have, apart from the power of attorney, to make or participate in making health care decisions for the principal.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4688.

4688. Where this division does not provide a rule governing agents under powers of attorney, the law of agency applies.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4689.

4689. Nothing in this division authorizes an agent under a power of attorney for health care to make a health care decision if the principal objects to the decision. If the principal objects to the health care decision of the agent under a power of attorney, the matter shall be governed by the law that would apply if there were no power of attorney for health care.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4690.

4690. (a) If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal, the agent may consult with a person previously designated by the principal for this purpose, and may also consult with and obtain information needed to carry out the agent’s duties from the principal’s spouse, physician, supervising health care provider, attorney, a member of the principal’s family, or other person, including a business entity or government agency, with respect to matters covered by the power of attorney for health care.
(b) A person described in subdivision (a) from whom information is requested shall disclose information that the agent requires to carry out his or her duties. Disclosure under this section is not a waiver of any privilege that may apply to the information disclosed.
(Amended by Stats. 2007, Ch. 130, Sec. 196. Effective January 1, 2008.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 2 - Powers of Attorney for Health Care › Section 4691.

4691. If directed by the principal in a power of attorney for health care, an attorney-in-fact shall, upon the death of the principal, inform those individuals whose names are provided by the principal to the attorney-in-fact for that purpose.
(Added by Stats. 2015, Ch. 92, Sec. 4. (AB 1085) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 3 - Revocation of Advance Directives › Section 4695.

4695. (a) A patient having capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider.
(b) A patient having capacity may revoke all or part of an advance health care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 3 - Revocation of Advance Directives › Section 4696.

4696. A health care provider, agent, conservator, or surrogate who is informed of a revocation of an advance health care directive shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution where the patient is receiving care.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 3 - Revocation of Advance Directives › Section 4697.

4697. (a) If after executing a power of attorney for health care the principal’s marriage to the agent is dissolved or annulled, the principal’s designation of the former spouse as an agent to make health care decisions for the principal is revoked.
(b) If the agent’s authority is revoked solely by subdivision (a), it is revived by the principal’s remarriage to the agent.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 3 - Revocation of Advance Directives › Section 4698.

4698. An advance health care directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 2 - Advance Health Care Directive Forms › Section 4700.

4700. The form provided in Section 4701 may, but need not, be used to create an advance health care directive. The other sections of this division govern the effect of the form or any other writing used to create an advance health care directive. An individual may complete or modify all or any part of the form in Section 4701.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 3 - Health Care Surrogates › Section 4711.

4711. (a) A patient may designate an adult as a surrogate to make health care decisions by personally informing the supervising health care provider or a designee of the health care facility caring for the patient. The designation of a surrogate shall be promptly recorded in the patient’s health care record.
(b) Unless the patient specifies a shorter period, a surrogate designation under subdivision (a) is effective only during the course of treatment or illness or during the stay in the health care institution when the surrogate designation is made, or for 60 days, whichever period is shorter.
(c) The expiration of a surrogate designation under subdivision (b) does not affect any role the person designated under subdivision (a) may have in making health care decisions for the patient under any other law or standards of practice.
(d) Notwithstanding Section 4685, if the patient has designated an agent under a power of attorney for health care, the surrogate designated under subdivision (a) has priority over the agent for the period provided in subdivision (b), but the designation of a surrogate does not revoke the designation of an agent unless the patient communicates the intention to revoke in compliance with subdivision (a) of Section 4695.
(Amended by Stats. 2022, Ch. 782, Sec. 1. (AB 2338) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 3 - Health Care Surrogates › Section 4712.

4712. (a) If a patient lacks the capacity to make a health care decision, the following legally recognized health care decisionmakers may make health care decisions on the patient’s behalf, in the following descending order of priority:
(1) The patient’s surrogate selected pursuant to Section 4711.
(2) The patient’s agent pursuant to an advance health care directive or a power of attorney for health care.
(3) The conservator or guardian of the patient having the authority to make health care decisions for the patient.
(b) Except as set forth in Section 4715, if a patient lacks the capacity to make a health care decision, but does not have a legally recognized health care decisionmaker pursuant to subdivision (a), a health care provider or a designee of the health care facility caring for the patient may choose a surrogate to make health care decisions on the patient’s behalf, as appropriate in the given situation. The patient’s surrogate shall be an adult who has demonstrated special care and concern for the patient, is familiar with the patient’s personal values and beliefs to the extent known, and is reasonably available and willing to serve. A surrogate may be chosen from any of the following persons:
(1) The spouse or domestic partner of the patient.
(2) An adult child of the patient.
(3) A parent of the patient.
(4) An adult sibling of the patient.
(5) An adult grandchild of the patient.
(6) An adult relative or close personal friend.
(Added by Stats. 2022, Ch. 782, Sec. 2. (AB 2338) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 3 - Health Care Surrogates › Section 4714.

4714. A surrogate, including a person acting as a surrogate, shall make a health care decision in accordance with the patient’s individual health care instructions, if any, and other wishes to the extent known to the surrogate. Otherwise, the surrogate shall make the decision in accordance with the surrogate’s determination of the patient’s best interest. In determining the patient’s best interest, the surrogate shall consider the patient’s personal values to the extent known to the surrogate.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 3 - Health Care Surrogates › Section 4715.

4715. A patient having capacity at any time may disqualify another person, including a member of the patient’s family, from acting as the patient’s surrogate by a signed writing or by personally informing the supervising health care provider of the disqualification.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 3 - Health Care Surrogates › Section 4716.

4716. (a) If a patient lacks the capacity to make a health care decision, the patient’s domestic partner shall have the same authority as a spouse has to make a health care decision for his or her incapacitated spouse. This section may not be construed to expand or restrict the ability of a spouse to make a health care decision for an incapacitated spouse.
(b) For the purposes of this section, the following definitions shall apply:
(1) “Capacity” has the same meaning as defined in Section 4609.
(2) “Health care” has the same meaning as defined in Section 4615.
(3) “Health care decision” has the same meaning as defined in Section 4617.
(4) “Domestic partner” has the same meaning as that term is used in Section 297 of the Family Code.
(Added by Stats. 2001, Ch. 893, Sec. 49. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 3 - Health Care Surrogates › Section 4717.

4717. (a) Notwithstanding any other provision of law, within 24 hours of the arrival in the emergency department of a general acute care hospital of a patient who is unconscious or otherwise incapable of communication, the hospital shall make reasonable efforts to contact the patient’s agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient. A hospital shall be deemed to have made reasonable efforts, and to have discharged its duty under this section, if it does all of the following:
(1) Examines the personal effects, if any, accompanying the patient and any medical records regarding the patient in its possession, and reviews any verbal or written report made by emergency medical technicians or the police, to identify the name of any agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient.
(2) Contacts or attempts to contact any agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient, as identified in paragraph (1).
(3) Contacts the Secretary of State directly or indirectly, including by voice mail or facsimile, to inquire whether the patient has registered an advance health care directive with the Advance Health Care Directive Registry, if the hospital finds evidence of the patient’s Advance Health Care Directive Registry identification card either from the patient or from the patient’s family or authorized agent.
(b) The hospital shall document in the patient’s medical record all efforts made to contact any agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient.
(c) Application of this section shall be suspended during any period in which the hospital implements its disaster and mass casualty program, or its fire and internal disaster program.
(Added by renumbering Section 4716 (as added by Stats. 2001, Ch. 329) by Stats. 2004, Ch. 882, Sec. 2. Effective January 1, 2005.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 4 - Duties of Health Care Providers › Section 4730.

4730. Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 4 - Duties of Health Care Providers › Section 4731.

4731. (a) A supervising health care provider who knows of the existence of an advance health care directive, a revocation of an advance health care directive, or a designation or disqualification of a surrogate, shall promptly record its existence in the patient’s health care record and, if it is in writing, shall request a copy. If a copy is furnished, the supervising health care provider shall arrange for its maintenance in the patient’s health care record.
(b) A supervising health care provider who knows of a revocation of a power of attorney for health care or a disqualification of a surrogate shall make a reasonable effort to notify the agent or surrogate of the revocation or disqualification.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 4 - Duties of Health Care Providers › Section 4732.

4732. A primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists affecting an individual health care instruction or the authority of an agent, conservator of the person, or surrogate, shall promptly record the determination in the patient’s health care record and communicate the determination to the patient, if possible, and to a person then authorized to make health care decisions for the patient.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 4 - Duties of Health Care Providers › Section 4733.

4733. Except as provided in Sections 4734 and 4735, a health care provider or health care institution providing care to a patient shall do the following:
(a) Comply with an individual health care instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health care decisions for the patient.
(b) Comply with a health care decision for the patient made by a person then authorized to make health care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 4 - Duties of Health Care Providers › Section 4734.

4734. (a) A health care provider may decline to comply with an individual health care instruction or health care decision for reasons of conscience.
(b) A health care institution may decline to comply with an individual health care instruction or health care decision if the instruction or decision is contrary to a policy of the institution that is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health care decisions for the patient.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 4 - Duties of Health Care Providers › Section 4735.

4735. A health care provider or health care institution may decline to comply with an individual health care instruction or health care decision that requires medically ineffective health care or health care contrary to generally accepted health care standards applicable to the health care provider or institution.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 4 - Duties of Health Care Providers › Section 4736.

4736. A health care provider or health care institution that declines to comply with an individual health care instruction or health care decision shall do all of the following:
(a) Promptly so inform the patient, if possible, and any person then authorized to make health care decisions for the patient.
(b) Unless the patient or person then authorized to make health care decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health care provider or institution that is willing to comply with the instruction or decision.
(c) Provide continuing care to the patient until a transfer can be accomplished or until it appears that a transfer cannot be accomplished. In all cases, appropriate pain relief and other palliative care shall be continued.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 5 - Immunities and Liabilities › Section 4740.

4740. A health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for any actions in compliance with this division, including, but not limited to, any of the following conduct:
(a) Complying with a health care decision of a person that the health care provider or health care institution believes in good faith has the authority to make a health care decision for a patient, including a decision to withhold or withdraw health care.
(b) Declining to comply with a health care decision of a person based on a belief that the person then lacked authority.
(c) Complying with an advance health care directive and assuming that the directive was valid when made and has not been revoked or terminated.
(d) Declining to comply with an individual health care instruction or health care decision, in accordance with Sections 4734 to 4736, inclusive.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 5 - Immunities and Liabilities › Section 4741.

4741. A person acting as agent or surrogate under this part is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 5 - Immunities and Liabilities › Section 4742.

4742. (a) A health care provider or health care institution that intentionally violates this part is subject to liability to the aggrieved individual for damages of two thousand five hundred dollars ($2,500) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s fees.
(b) A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual’s advance health care directive or a revocation of an advance health care directive without the individual’s consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance health care directive, is subject to liability to that individual for damages of ten thousand dollars ($10,000) or actual damages resulting from the action, whichever is greater, plus reasonable attorney’s fees.
(c) The damages provided in this section are cumulative and not exclusive of any other remedies provided by law.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 5 - Immunities and Liabilities › Section 4743.

4743. Any person who alters or forges a written advance health care directive of another, or willfully conceals or withholds personal knowledge of a revocation of an advance directive, with the intent to cause a withholding or withdrawal of health care necessary to keep the patient alive contrary to the desires of the patient, and thereby directly causes health care necessary to keep the patient alive to be withheld or withdrawn and the death of the patient thereby to be hastened, is subject to prosecution for unlawful homicide as provided in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the Penal Code.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 1 - General Provisions › Section 4750.

4750. Subject to this division:
(a) An advance health care directive is effective and exercisable free of judicial intervention.
(b) A health care decision made by an agent for a principal is effective without judicial approval.
(c) A health care decision made by a surrogate for a patient is effective without judicial approval.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 1 - General Provisions › Section 4751.

4751. The remedies provided in this part are cumulative and not exclusive of any other remedies provided by law.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 1 - General Provisions › Section 4752.

4752. Except as provided in Section 4753, this part is not subject to limitation in an advance health care directive.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 1 - General Provisions › Section 4753.

4753. (a) Subject to subdivision (b), an advance health care directive may expressly eliminate the authority of a person listed in Section 4765 to petition the court for any one or more of the purposes enumerated in Section 4766, if both of the following requirements are satisfied:
(1) The advance directive is executed by an individual having the advice of a lawyer authorized to practice law in the state where the advance directive is executed.
(2) The individual’s lawyer signs a certificate stating in substance:
“I am a lawyer authorized to practice law in the state where this advance health care directive was executed, and __________ [insert name] was my client at the time this advance directive was executed. I have advised my client concerning his or her rights in connection with this advance directive and the applicable law and the consequences of signing or not signing this advance directive, and my client, after being so advised, has executed this advance directive.”
(b) An advance health care directive may not limit the authority of the following persons to petition under this part:
(1) The conservator of the person, with respect to a petition relating to an advance directive, for a purpose specified in subdivision (b) or (d) of Section 4766.
(2) The agent, with respect to a petition relating to a power of attorney for health care, for a purpose specified in subdivision (b) or (c) of Section 4766.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 1 - General Provisions › Section 4754.

4754. There is no right to a jury trial in proceedings under this division.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 1 - General Provisions › Section 4755.

4755. Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 2 - Jurisdiction and Venue › Section 4760.

4760. (a) The superior court has jurisdiction in proceedings under this division.
(b) The court in proceedings under this division is a court of general jurisdiction and the court, or a judge of the court, has the same power and authority with respect to the proceedings as otherwise provided by law for a superior court, or a judge of the superior court, including, but not limited to, the matters authorized by Section 128 of the Code of Civil Procedure.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 2 - Jurisdiction and Venue › Section 4761.

4761. The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 2 - Jurisdiction and Venue › Section 4762.

4762. Without limiting Section 4761, a person who acts as an agent under a power of attorney for health care or as a surrogate under this division is subject to personal jurisdiction in this state with respect to matters relating to acts and transactions of the agent or surrogate performed in this state or affecting a patient in this state.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 2 - Jurisdiction and Venue › Section 4763.

4763. The proper county for commencement of a proceeding under this division shall be determined in the following order of priority:
(a) The county in which the patient resides.
(b) The county in which the agent or surrogate resides.
(c) Any other county that is in the patient’s best interest.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 3 - Petitions and Orders › Section 4765.

4765. Subject to Section 4753, a petition may be filed under this part by any of the following persons:
(a) The patient.
(b) The patient’s spouse, unless legally separated.
(c) A relative of the patient.
(d) The patient’s agent or surrogate.
(e) The conservator of the person of the patient.
(f) The court investigator, described in Section 1454, of the county where the patient resides.
(g) The public guardian of the county where the patient resides.
(h) The supervising health care provider or health care institution involved with the patient’s care.
(i) Any other interested person or friend of the patient.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 3 - Petitions and Orders › Section 4766.

4766. A petition may be filed under this part for any one or more of the following purposes:
(a) Determining whether or not the patient has capacity to make health care decisions.
(b) Determining whether an advance health care directive is in effect or has terminated.
(c) Determining whether the acts or proposed acts of an agent or surrogate are consistent with the patient’s desires as expressed in an advance health care directive or otherwise made known to the court or, where the patient’s desires are unknown or unclear, whether the acts or proposed acts of the agent or surrogate are in the patient’s best interest.
(d) Declaring that the authority of an agent or surrogate is terminated, upon a determination by the court that the agent or surrogate has made a health care decision for the patient that authorized anything illegal or upon a determination by the court of both of the following:
(1) The agent or surrogate has violated, has failed to perform, or is unfit to perform, the duty under an advance health care directive to act consistent with the patient’s desires or, where the patient’s desires are unknown or unclear, is acting (by action or inaction) in a manner that is clearly contrary to the patient’s best interest.
(2) At the time of the determination by the court, the patient lacks the capacity to execute or to revoke an advance health care directive or disqualify a surrogate.
(e) Compelling a third person to honor individual health care instructions or the authority of an agent or surrogate.
(Amended by Stats. 2001, Ch. 230, Sec. 7. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 3 - Petitions and Orders › Section 4767.

4767. A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of the petition, and, if known to the petitioner, the terms of any advance health care directive in question.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 3 - Petitions and Orders › Section 4768.

4768. The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the patient and shall stay or dismiss the proceeding in whole or in part when required by Section 410.30 of the Code of Civil Procedure.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 3 - Petitions and Orders › Section 4769.

4769. (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing, together with a copy of the petition, on the following:
(1) The agent or surrogate, if not the petitioner.
(2) The patient, if not the petitioner.
(b) In the case of a petition to compel a third person to honor individual health care instructions or the authority of an agent or surrogate, notice of the time and place of the hearing, together with a copy of the petition, shall be served on the third person in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
(Amended by Stats. 2001, Ch. 230, Sec. 8. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 3 - Petitions and Orders › Section 4770.

4770. The court in its discretion, on a showing of good cause, may issue a temporary order prescribing the health care of the patient until the disposition of the petition filed under Section 4766. If a power of attorney for health care is in effect and a conservator (including a temporary conservator) of the person is appointed for the principal, the court that appoints the conservator in its discretion, on a showing of good cause, may issue a temporary order prescribing the health care of the principal, the order to continue in effect for the period ordered by the court but in no case longer than the period necessary to permit the filing and determination of a petition filed under Section 4766.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 3 - JUDICIAL PROCEEDINGS › CHAPTER 3 - Petitions and Orders › Section 4771.

4771. In a proceeding under this part commenced by the filing of a petition by a person other than the agent or surrogate, the court may in its discretion award reasonable attorney’s fees to one of the following:
(a) The agent or surrogate, if the court determines that the proceeding was commenced without any reasonable cause.
(b) The person commencing the proceeding, if the court determines that the agent or surrogate has clearly violated the duties under the advance health care directive.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 4 - REQUEST REGARDING RESUSCITATIVE MEASURES › Section 4780.

4780. (a) As used in this part:
(1) “Request regarding resuscitative measures” means a written document, signed by (A) an individual with capacity, or a legally recognized health care decisionmaker, and (B) the individual’s physician, that directs a health care provider regarding resuscitative measures. A request regarding resuscitative measures is not an advance health care directive.
(2) “Request regarding resuscitative measures” includes one, or both of, the following:
(A) A prehospital “do not resuscitate” form as developed by the Emergency Medical Services Authority or other substantially similar form.
(B) A Physician Orders for Life Sustaining Treatment form, as approved by the Emergency Medical Services Authority.
(3) “Physician Orders for Life Sustaining Treatment form” means a request regarding resuscitative measures that directs a health care provider regarding resuscitative and life-sustaining measures.
(b) A legally recognized health care decisionmaker may execute the Physician Orders for Life Sustaining Treatment form only if the individual lacks capacity, or the individual has designated that the decisionmaker’s authority is effective pursuant to Section 4682.
(c) The Physician Orders for Life Sustaining Treatment form and medical intervention and procedures offered by the form shall be explained by a health care provider, as defined in Section 4621. The form shall be completed by a health care provider based on patient preferences and medical indications, and signed by a physician, or a nurse practitioner or a physician assistant acting under the supervision of the physician and within the scope of practice authorized by law, and the patient or his or her legally recognized health care decisionmaker. The health care provider, during the process of completing the Physician Orders for Life Sustaining Treatment form, should inform the patient about the difference between an advance health care directive and the Physician Orders for Life Sustaining Treatment form.
(d) An individual having capacity may revoke a Physician Orders for Life Sustaining Treatment form at any time and in any manner that communicates an intent to revoke, consistent with Section 4695.
(e) A request regarding resuscitative measures may also be evidenced by a medallion engraved with the words “do not resuscitate” or the letters “DNR,” a patient identification number, and a 24-hour toll-free telephone number, issued by a person pursuant to an agreement with the Emergency Medical Services Authority.
(Amended by Stats. 2015, Ch. 217, Sec. 1. (AB 637) Effective January 1, 2016.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 4 - REQUEST REGARDING RESUSCITATIVE MEASURES › Section 4781.

4781. As used in this part, “health care provider” includes, but is not limited to, the following:
(a) Persons described in Section 4621.
(b) Emergency response employees, including, but not limited to, firefighters, law enforcement officers, emergency medical technicians I and II, paramedics, and employees and volunteer members of legally organized and recognized volunteer organizations, who are trained in accordance with standards adopted as regulations by the Emergency Medical Services Authority pursuant to Sections 1797.170, 1797.171, 1797.172, 1797.182, and 1797.183 of the Health and Safety Code to respond to medical emergencies in the course of performing their volunteer or employee duties with the organization.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)