PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670. - 4743.]
Part 2 added by Stats. 1999, Ch. 658, Sec. 39.
§§ 4670–4743 · 45 sections
CHAPTER 1. Advance Health Care Directives §§ 4670–4698 · 26 sections
ARTICLE 1. General Provisions §§ 4670–4679 · 10 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 4677 A health care provider, health care service plan, health care institution, disability insurer, self-insured employee welfare plan, or nonprofit hospital plan…
- § 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…
- § 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…
ARTICLE 2. Powers of Attorney for Health Care §§ 4680–4691 · 12 sections
- § 4680 A power of attorney for health care is legally sufficient if it satisfies the requirements of Section 4673.
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 4688 Where this division does not provide a rule governing agents under powers of attorney, the law of agency applies.
- § 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.…
- § 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…
- § 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…
ARTICLE 3. Revocation of Advance Directives §§ 4695–4698 · 4 sections
- § 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.…
- § 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…
- § 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…
- § 4698 An advance health care directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict.
CHAPTER 2. Advance Health Care Directive Forms §§ 4700–4701 · 2 sections
- § 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…
- § 4701 The statutory advance health care directive form is as follows: ADVANCE HEALTH CARE DIRECTIVE (California Probate Code Section 4701) Explanation You have the…
CHAPTER 3. Health Care Surrogates §§ 4711–4717 · 6 sections
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…
- § 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…
CHAPTER 4. Duties of Health Care Providers §§ 4730–4736 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
- § 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…
CHAPTER 5. Immunities and Liabilities §§ 4740–4743 · 4 sections
- § 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…
- § 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…
- § 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…
- § 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…