PART 3. JUDICIAL PROCEEDINGS [4750. - 4771.]
Part 3 added by Stats. 1999, Ch. 658, Sec. 39.
§§ 4750–4771 · 17 sections
CHAPTER 1. General Provisions §§ 4750–4755 · 6 sections
- § 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…
- § 4751 The remedies provided in this part are cumulative and not exclusive of any other remedies provided by law.
- § 4752 Except as provided in Section 4753, this part is not subject to limitation in an advance health care directive.
- § 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…
- § 4754 There is no right to a jury trial in proceedings under this division.
- § 4755 Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division.
CHAPTER 2. Jurisdiction and Venue §§ 4760–4763 · 4 sections
- § 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…
- § 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.
- § 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…
- § 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…
CHAPTER 3. Petitions and Orders §§ 4765–4771 · 7 sections
- § 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…
- § 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…
- § 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…
- § 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…
- § 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,…
- § 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…
- § 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…