Heath Care Decisions in California

Division 4.7 deals with health care decisions. Part 1 concerns definitions. Chapter 1 contains a short title and definitions. Section 4600 names this the Health Care Decisions Law.

Section 4603 provides that the definitions in this chapter govern the construction of this division.

Section 4605 defines the terms “advance health care directive” and “advance directive.”

Section 4607 defines the term “agent.”

Section 4609 defines the term “capacity.”

Section 4611 defines the term “community care facility.”

Section 4613 defines the term “conservator.”

Section 4615 defines the term “health care.”

Section 4617 defines the term “health care decision.”

Section 4619 defines the term “health care institution.”

Section 4621 defines the term “health care provider.”

Section 4623 defines the terms “individual health care coverage” and “individual instruction.”

Section 4625 defines the term “patient.”

Section 4627 defines the term “physician.”

Section 4629 defines the term “power of attorney for health care.”

Section 4631 defines the term “primary physician.”

Section 4633 defines the term “principal.”

Section 4635 defines the term “reasonably available.”

Section 4637 defines the term “residential care facility for the elderly.”

Section 4639 defines the term “skilled nursing facility.”

Section 4641 defines the term “supervising health care provider.”

Section 4643 defines the term “surrogate.”

Chapter 2 contains general provisions. Section 4650 contains three specified findings.

Section 4651 provides that this division applies to health care decisions for adults who lack capacity to make health care decisions for themselves. This division does not affect any of the three specified rights or laws.

Section 4652 states that this division does not authorize consent to any of five specified actions on behalf of a patient.

Section 4653 prohibits anything in this division from being construed to condone, authorize, or approve mercy killing, assisted suicide, or euthanasia.

Section 4654 states that 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.

Section 4655 provides that 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. In making health care decisions under this division, a patient’s attempted suicide cannot be construed to indicate a desire of the patient that health care be restricted or inhibited.

Section 4656 specifies that 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.

Section 4657 states that 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.

Section 4658 specifies that, as 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, is required to be made by the primary physician.

Section 4659 provides that none of the specified persons may make health care decisions as an agent under a power of attorney for health care or a surrogate under this division. However, this prohibition does not apply to two specified individuals.

Section 4660 provides that 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.