Judicial Proceedings for Health Care Decisions

Division 4.7, Part 3 of the Probate Code deals with judicial proceedings in health care decisions.

Section 4750 provides that an advance health care directive is effective and exercisable free of judicial intervention. A health care decision made by an agent or surrogate for a principal is effective without judicial approval.

Section 4751 states that the remedies provided in this part are cumulative and not exclusive of any other remedies provided by law.

Section 4752 explains that this part is not subject to limitation in an advance health care directive.

Section 4753 allows an advance health care directive to expressly eliminate the authority of a person listed to petition the court for any one or more of the purposes enumerated in Section 4766, if both of the specified requirements are satisfied.

Section 4754 provides that there is no right to a jury trial in proceedings under this division.

Chapter 2 deals with jurisdiction and venue for judicial proceedings concerning health care decisions.

Section 4760 provides that the superior court has jurisdiction in proceedings under this division. 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 the matters authorized by Section 128 of the Code of Civil Procedure.

Section 4761 allows the court to exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.

Section 4762 states that 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.

Section 4763 specifies that the proper county for commencement of a proceeding under this division is to be determined in the specified order of priority.

Chapter 3 deals with petitions and orders. Section 4765 provides that a petition may be filed under this part by any of the nine specified persons.

Section 4766 allows a petititon to be filed under this part for any one or more of the five specified purposes.

Section 4767 states that 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.

Section 4768 allows the court to dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the patient and must stay or dismiss the proceeding in whole or in part when required by law.

Section 4769 states that, at least 15 days before the time set for hearing, the petitioner is required to serve notice of the time and place of the hearing, together with a copy of the petition, on the two specified persons.

Section 4770 allows the court, on a showing of good cause, to issue a temporary order prescribing the health care of the patient until the disposition of the petition. 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.

Section 4771 states that, 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 two specified persons.