CHAPTER 1. Advance Health Care Directives [4670. - 4698.]

Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39.

§§ 4670–4698 · 26 sections

1. 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…
2. 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…
3. 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.