reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4463.

4463. In a statutory form power of attorney, the language granting power with respect to tax matters empowers the agent to do all of the following:
(a) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, Federal Insurance Contributions Act returns, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents (including consents and agreements under Internal Revenue Code Section 2032A or any successor section), closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and to the tax year in which the power of attorney was executed and any subsequent tax year.
(b) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority.
(c) Exercise any election available to the principal under federal, state, local, or foreign tax law.
(d) Act for the principal in all tax matters for all periods before the Internal Revenue Service and any other taxing authority.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4464.

4464. The powers described in this chapter are exercisable equally with respect to an interest the principal has when the statutory form power of attorney is executed or acquires later, whether or not the property is located in this state, and whether or not the powers are exercised or the power of attorney is executed in this state.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4465.

4465. A statutory form power of attorney under this part does not empower the agent to take any of the actions specified in Section 4264 unless the statutory form power of attorney expressly grants that authority to the attorney-in-fact.
(Repealed and added by Stats. 2011, Ch. 113, Sec. 11. (AB 1082) Effective January 1, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4500.

4500. A power of attorney is exercisable free of judicial intervention, subject to this part.
(Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4501.

4501. 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. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4502.

4502. Except as provided in Section 4503, this part is not subject to limitation in the power of attorney.
(Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4503.

4503. (a) Subject to subdivision (b), a power of attorney may expressly eliminate the authority of a person listed in Section 4540 to petition the court for any one or more of the purposes enumerated in Section 4541 if both of the following requirements are satisfied:
(1) The power of attorney is executed by the principal at a time when the principal has the advice of a lawyer authorized to practice law in the state where the power of attorney is executed.
(2) The principal’s lawyer signs a certificate stating in substance:
“I am a lawyer authorized to practice law in the state where this power of attorney was executed, and the principal was my client at the time this power of attorney was executed. I have advised my client concerning his or her rights in connection with this power of attorney and the applicable law and the consequences of signing or not signing this power of attorney, and my client, after being so advised, has executed this power of attorney.”
(b) A power of attorney may not limit the authority of the attorney-in-fact, the principal, the conservator of the person or estate of the principal, or the public guardian to petition under this part.
(Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4504.

4504. There is no right to a jury trial in proceedings under this division.
(Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4505.

4505. 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. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 2 - Jurisdiction and Venue › Section 4520.

4520. (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. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 2 - Jurisdiction and Venue › Section 4521.

4521. 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. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 2 - Jurisdiction and Venue › Section 4522.

4522. Without limiting Section 4521, a person who acts as an attorney-in-fact under a power of attorney governed by this division is subject to personal jurisdiction in this state with respect to matters relating to acts and transactions of the attorney-in-fact performed in this state or affecting property or a principal in this state.
(Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 2 - Jurisdiction and Venue › Section 4523.

4523. 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 principal resides.
(b) The county in which the attorney-in-fact resides.
(c) A county in which property subject to the power of attorney is located.
(d) Any other county that is in the principal’s best interest.
(Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 3 - Petitions, Orders,Appeals › Section 4540.

4540. Subject to Section 4503, a petition may be filed under this part by any of the following persons:
(a) The attorney-in-fact.
(b) The principal.
(c) The spouse of the principal.
(d) A relative of the principal.
(e) The conservator of the person or estate of the principal.
(f) The court investigator, described in Section 1454, of the county where the power of attorney was executed or where the principal resides.
(g) The public guardian of the county where the power of attorney was executed or where the principal resides.
(h) The personal representative or trustee of the principal’s estate.
(i) The principal’s successor in interest.
(j) A person who is requested in writing by an attorney-in-fact to take action.
(k) Any other interested person or friend of the principal.
(Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 3 - Petitions, Orders,Appeals › Section 4541.

4541. A petition may be filed under this part for any one or more of the following purposes:
(a) Determining whether the power of attorney is in effect or has terminated.
(b) Passing on the acts or proposed acts of the attorney-in-fact, including approval of authority to disobey the principal’s instructions pursuant to subdivision (b) of Section 4234.
(c) Compelling the attorney-in-fact to submit the attorney-in-fact’s accounts or report the attorney-in-fact’s acts as attorney-in-fact to the principal, the spouse of the principal, the conservator of the person or the estate of the principal, or to any other person required by the court in its discretion, if the attorney-in-fact has failed to submit an accounting or report within 60 days after written request from the person filing the petition.
(d) Declaring that the authority of the attorney-in-fact is revoked on a determination by the court of all of the following:
(1) The attorney-in-fact has violated or is unfit to perform the fiduciary duties under the power of attorney.
(2) At the time of the determination by the court, the principal lacks the capacity to give or to revoke a power of attorney.
(3) The revocation of the attorney-in-fact’s authority is in the best interest of the principal or the principal’s estate.
(e) Approving the resignation of the attorney-in-fact:
(1) If the attorney-in-fact is subject to a duty to act under Section 4230, the court may approve the resignation, subject to any orders the court determines are necessary to protect the principal’s interests.
(2) If the attorney-in-fact is not subject to a duty to act under Section 4230, the court shall approve the resignation, subject to the court’s discretion to require the attorney-in-fact to give notice to other interested persons.
(f) Compelling a third person to honor the authority of an attorney-in-fact.
(Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 3 - Petitions, Orders,Appeals › Section 4542.

4542. 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 the power of attorney.
(Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 3 - Petitions, Orders,Appeals › Section 4543.

4543. The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the principal or the principal’s estate 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. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 3 - Petitions, Orders,Appeals › Section 4544.

4544. (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 attorney-in-fact if not the petitioner.
(2) The principal if not the petitioner.
(b) In the case of a petition to compel a third person to honor the authority of an attorney-in-fact, 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.
(Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 4 - JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY › CHAPTER 3 - Petitions, Orders,Appeals › Section 4545.

4545. In a proceeding under this part commenced by the filing of a petition by a person other than the attorney-in-fact, the court may in its discretion award reasonable attorney’s fees to one of the following:
(a) The attorney-in-fact, 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 attorney-in-fact has clearly violated the fiduciary duties under the power of attorney or has failed without any reasonable cause or justification to submit accounts or report acts to the principal or conservator of the estate or of the person, as the case may be, after written request from the principal or conservator.
(Added by Stats. 1999, Ch. 658, Sec. 37. 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4600.

4600. This division may be cited as the Health Care Decisions 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4603.

4603. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4605.

4605. “Advance health care directive” or “advance directive” means either an individual health care instruction or a 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4607.

4607. (a) “Agent” means an individual designated in a power of attorney for health care to make a health care decision for the principal, regardless of whether the person is known as an agent or attorney-in-fact, or by some other term.
(b) “Agent” includes a successor or alternate 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4609.

4609. “Capacity” means a person’s ability to understand the nature and consequences of a decision and to make and communicate a decision, and includes in the case of proposed health care, the ability to understand its significant benefits, risks, and alternatives.
(Amended by Stats. 2001, Ch. 230, Sec. 3. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4611.

4611. “Community care facility” means a “community care facility” as defined in Section 1502 of the Health and Safety 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4613.

4613. “Conservator” means a court-appointed conservator having authority to make a health care decision for a 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4615.

4615. “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient’s physical or mental health condition.
(Amended by Stats. 2022, Ch. 21, Sec. 1. (AB 2288) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4617.

4617. (a) “Health care decision” means a decision made by a patient or the patient’s agent, conservator, or surrogate, regarding the patient’s health care, including the following:
(1) Selection and discharge of health care providers and institutions.
(2) Approval or disapproval of diagnostic tests, surgical procedures, and programs of medication, including mental health conditions.
(3) Directions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation.
(b) “Health care decision” does not include a decision made by a patient’s agent, conservator, or surrogate to consent to treatments identified in Section 4652.
(Amended by Stats. 2023, Ch. 171, Sec. 1. (AB 1029) Effective January 1, 2024.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4619.

4619. “Health care institution” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4621.

4621. “Health care provider” means an individual licensed, certified, or otherwise authorized or permitted by the law of this state to provide health care in the ordinary course of business or practice of a profession.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4623.

4623. “Individual health care instruction” or “individual instruction” means a patient’s written or oral direction concerning a health care decision 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4625.

4625. “Patient” means an adult whose health care is under consideration, and includes a principal under a power of attorney for health care and an adult who has given an individual health care instruction or designated a 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4627.

4627. “Physician” means a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4629.

4629. “Power of attorney for health care” means a written instrument designating an agent to make 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4631.

4631. “Primary physician” means a physician designated by a patient or the patient’s agent, conservator, or surrogate, to have primary responsibility for the patient’s health care or, in the absence of a designation or if the designated physician is not reasonably available or declines to act as primary physician, a physician who undertakes the responsibility.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4633.

4633. “Principal” means an adult who executes a 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4635.

4635. “Reasonably available” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient’s health care needs.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4637.

4637. “Residential care facility for the elderly” means a “residential care facility for the elderly” as defined in Section 1569.2 of the Health and Safety 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4639.

4639. “Skilled nursing facility” means a “skilled nursing facility” as defined in Section 1250 of the Health and Safety 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4641.

4641. “Supervising health care provider” means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who has undertaken primary responsibility for a patient’s 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 1 - DEFINITIONS AND GENERAL › CHAPTER 1 - Short Title and Definitions › Section 4643.

4643. “Surrogate” means an adult, other than a patient’s agent or conservator, authorized under this division to make a health care decision 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 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4650.

4650. The Legislature finds the following:
(a) In recognition of the dignity and privacy a person has a right to expect, the law recognizes that an adult has the fundamental right to control the decisions relating to his or her own health care, including the decision to have life-sustaining treatment withheld or withdrawn.
(b) Modern medical technology has made possible the artificial prolongation of human life beyond natural limits. In the interest of protecting individual autonomy, this prolongation of the process of dying for a person for whom continued health care does not improve the prognosis for recovery may violate patient dignity and cause unnecessary pain and suffering, while providing nothing medically necessary or beneficial to the person.
(c) In the absence of controversy, a court is normally not the proper forum in which to make health care decisions, including decisions regarding life-sustaining treatment.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4651.

4651. (a) Except as otherwise provided, this division applies to health care decisions for adults who lack capacity to make health care decisions for themselves.
(b) This division does not affect any of the following:
(1) The right of an individual to make health care decisions while having the capacity to do so.
(2) The law governing health care in an emergency.
(3) The law governing health care for unemancipated minors.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4652.

4652. This division does not authorize consent to any of the following on behalf of a patient:
(a) Commitment to or placement in a mental health treatment facility.
(b) Convulsive treatment (as defined in Section 5325 of the Welfare and Institutions Code).
(c) Psychosurgery (as defined in Section 5325 of the Welfare and Institutions Code).
(d) Sterilization.
(e) Abortion.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4653.

4653. Nothing in this division shall be construed to condone, authorize, or approve mercy killing, assisted suicide, or euthanasia. This division is not intended to permit any affirmative or deliberate act or omission to end life other than withholding or withdrawing health care pursuant to an advance health care directive, by a surrogate, or as otherwise provided, so as to permit the natural process of dying.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4654.

4654. This division does not authorize or require a health care provider or health care institution to provide health care contrary to generally accepted health care standards applicable to the health care provider or health care 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 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4655.

4655. (a) This division does not create a presumption concerning the intention of a patient who has not made or who has revoked an advance health care directive.
(b) In making health care decisions under this division, a patient’s attempted suicide shall not be construed to indicate a desire of the patient that health care be restricted or inhibited.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4656.

4656. Death resulting from withholding or withdrawing health care in accordance with this division does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity to the contrary.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4657.

4657. A patient is presumed to have the capacity to make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a surrogate. This presumption is a presumption affecting the burden of proof.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4658.

4658. Unless otherwise specified in a written advance health care directive, for the purposes of this division, a determination that a patient lacks or has recovered capacity, or that another condition exists that affects an individual health care instruction or the authority of an agent or surrogate, shall be made by the primary physician.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4659.

4659. (a) Except as provided in subdivision (b), none of the following persons may make health care decisions as an agent under a power of attorney for health care or a surrogate under this division:
(1) The supervising health care provider or an employee of the health care institution where the patient is receiving care.
(2) An operator or employee of a community care facility or residential care facility where the patient is receiving care.
(b) The prohibition in subdivision (a) does not apply to the following persons:
(1) An employee, other than the supervising health care provider, who is related to the patient by blood, marriage, or adoption, or is a registered domestic partner of the patient.
(2) An employee, other than the supervising health care provider, who is employed by the same health care institution, community care facility, or residential care facility for the elderly as the patient.
(c) A conservator under the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) may not be designated as an agent or surrogate to make health care decisions by the conservatee, unless all of the following are satisfied:
(1) The advance health care directive is otherwise valid.
(2) The conservatee is represented by legal counsel.
(3) The lawyer representing the conservatee 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 the principal or patient 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.”
(Amended by Stats. 2001, Ch. 230, Sec. 4. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4.7 - HEALTH CARE DECISIONS › PART 1 - DEFINITIONS AND GENERAL › CHAPTER 2 - General Provisions › Section 4660.

4660. A copy of a written advance health care directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as the original.
(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 1 - DEFINITIONS AND GENERAL › CHAPTER 3 - Transitional Provisions › Section 4665.

4665. Except as otherwise provided by statute:
(a) On and after July 1, 2000, this division applies to all advance health care directives, including, but not limited to, durable powers of attorney for health care and declarations under the Natural Death Act (former Chapter 3.9 (commencing with Section 7185) of Part 1 of Division 7 of the Health and Safety Code), regardless of whether they were given or executed before, on, or after July 1, 2000.
(b) This division applies to all proceedings concerning advance health care directives commenced on or after July 1, 2000.
(c) This division applies to all proceedings concerning written advance health care directives commenced before July 1, 2000, unless the court determines that application of a particular provision of this division would substantially interfere with the effective conduct of the proceedings or the rights of the parties and other interested persons, in which case the particular provision of this division does not apply and prior law applies.
(d) Nothing in this division affects the validity of an advance health care directive executed before July 1, 2000, that was valid under prior law.
(e) Nothing in this division affects the validity of a durable power of attorney for health care executed on a printed form that was valid under prior law, regardless of whether execution occurred before, on, or after July 1, 2000.
(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 1 - General Provisions › Section 4670.

4670. An adult having capacity may give an individual health care instruction. The individual instruction may be oral or written. The individual instruction may be limited to take effect only if a specified condition arises.
(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 1 - General Provisions › Section 4671.

4671. (a) An adult having capacity may execute a power of attorney for health care, as provided in Article 2 (commencing with Section 4680). The power of attorney for health care may authorize the agent to make health care decisions and may also include individual health care instructions.
(b) The principal in a power of attorney for health care may grant authority to make decisions relating to the personal care of the principal, including, but not limited to, determining where the principal will live, providing meals, hiring household employees, providing transportation, handling mail, and arranging recreation and entertainment.
(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 1 - General Provisions › Section 4672.

4672. (a) A written advance health care directive may include the individual’s nomination of a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration by the court if protective proceedings for the individual’s person or estate are thereafter commenced.
(b) If the protective proceedings are conservatorship proceedings in this state, the nomination has the effect provided in Section 1810 and the court shall give effect to the most recent writing executed in accordance with Section 1810, whether or not the writing is a written 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 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 1 - General Provisions › Section 4673.

4673. (a) A written advance health care directive is legally sufficient if all of the following requirements are satisfied:
(1) The advance directive contains the date of its execution.
(2) The advance directive is signed either by the patient or in the patient’s name by another adult in the patient’s presence and at the patient’s direction.
(3) The advance directive is either acknowledged before a notary public or signed by at least two witnesses who satisfy the requirements of Sections 4674 and 4675.
(b) An electronic advance health care directive or power of attorney for health care is legally sufficient if the requirements in subdivision (a) are satisfied, except that for the purposes of paragraph (3) of subdivision (a), an acknowledgment before a notary public shall be required, and if a digital signature is used, it meets all of the following requirements:
(1) The digital signature either meets the requirements of Section 16.5 of the Government Code and Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations or the digital signature uses an algorithm approved by the National Institute of Standards and Technology.
(2) The digital signature is unique to the person using it.
(3) The digital signature is capable of verification.
(4) The digital signature is under the sole control of the person using it.
(5) The digital signature is linked to data in such a manner that if the data are changed, the digital signature is invalidated.
(6) The digital signature persists with the document and not by association in separate files.
(7) The digital signature is bound to a digital certificate.
(Amended by Stats. 2006, Ch. 579, Sec. 1. Effective September 28, 2006.)
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 4674.

4674. If the written advance health care directive is signed by witnesses, as provided in Section 4673, the following requirements shall be satisfied:
(a) The witnesses shall be adults.
(b) Each witness signing the advance directive shall witness either the signing of the advance directive by the patient or the patient’s acknowledgment of the signature or the advance directive.
(c) None of the following persons may act as a witness:
(1) The patient’s health care provider or an employee of the patient’s health care provider.
(2) The operator or an employee of a community care facility.
(3) The operator or an employee of a residential care facility for the elderly.
(4) The agent, where the advance directive is a power of attorney for health care.
(d) Each witness shall make the following declaration in substance:
“I declare under penalty of perjury under the laws of California (1) that the individual who signed or acknowledged this advance health care directive is personally known to me, or that the individual’s identity was proven to me by convincing evidence, (2) that the individual signed or acknowledged this advance directive in my presence, (3) that the individual appears to be of sound mind and under no duress, fraud, or undue influence, (4) that I am not a person appointed as agent by this advance directive, and (5) that I am not the individual’s health care provider, an employee of the individual’s health care provider, the operator of a community care facility, an employee of an operator of a community care facility, the operator of a residential care facility for the elderly, nor an employee of an operator of a residential care facility for the elderly.”
(e) At least one of the witnesses shall be an individual who is neither related to the patient by blood, marriage, or adoption, nor entitled to any portion of the patient’s estate upon the patient’s death under a will existing when the advance directive is executed or by operation of law then existing.
(f) The witness satisfying the requirement of subdivision (e) shall also sign the following declaration in substance:
“I further declare under penalty of perjury under the laws of California that I am not related to the individual executing this advance health care directive by blood, marriage, or adoption, and, to the best of my knowledge, I am not entitled to any part of the individual’s estate upon his or her death under a will now existing or by operation of law.”
(g) The provisions of this section applicable to witnesses do not apply to a notary public before whom an advance health care directive is acknowledged.
(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 1 - General Provisions › Section 4675.

4675. (a) If an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance directive is not effective unless a patient advocate or ombudsman, as may be designated by the Department of Aging for this purpose pursuant to any other applicable provision of law, signs the advance directive as a witness, either as one of two witnesses or in addition to notarization. The patient advocate or ombudsman shall declare that he or she is serving as a witness as required by this subdivision. It is the intent of this subdivision to recognize that some patients in skilled nursing facilities are insulated from a voluntary decisionmaking role, by virtue of the custodial nature of their care, so as to require special assurance that they are capable of willfully and voluntarily executing an advance directive.
(b) A witness who is a patient advocate or ombudsman may rely on the representations of the administrators or staff of the skilled nursing facility, or of family members, as convincing evidence of the identity of the patient if the patient advocate or ombudsman believes that the representations provide a reasonable basis for determining the identity 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 2 - UNIFORM HEALTH CARE DECISIONS ACT › CHAPTER 1 - Advance Health Care Directives › ARTICLE 1 - General Provisions › Section 4676.

4676. (a) A written advance health care directive or similar instrument executed in another state or jurisdiction in compliance with the laws of that state or jurisdiction or of this state, is valid and enforceable in this state to the same extent as a written advance directive validly executed in this state.
(b) In the absence of knowledge to the contrary, a physician or other health care provider may presume that a written advance health care directive or similar instrument, whether executed in another state or jurisdiction or in this state, is valid.
(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 1 - General Provisions › Section 4677.

4677. A health care provider, health care service plan, health care institution, disability insurer, self-insured employee welfare plan, or nonprofit hospital plan or a similar insurance plan may not require or prohibit the execution or revocation of an advance health care directive as a condition for providing health care, admission to a facility, or furnishing insurance.
(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 1 - General Provisions › Section 4678.

4678. Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information.
(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)