Powers of Attorney for Health Care

Article 2 of Chapter 1 of Part 2 of Division 4.7 of the Probate Code deals with powers of attorney for health care.

Section 4680 provides that a power of attorney for health care is legally sufficient if it satisfies the requirements of Section 4673.

Section 4681 specifies that the principal may limit the application of any provision of this division by an express statement in the power of attorney for health care or by providing an inconsistent rule in the power of attorney. A power of attorney for health care may not limit either the application of a statute specifically providing that it is not subject to limitation in the power of attorney or a statute concerning any of the six specified items.

Section 4682 provides that, 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 capacity, and ceases to be effective on a determination that the principal has recovered capacity.

Section 4683 explains the power of an agent and that this power is subject to any limitations in the power of attorney for health care. The agent may also make decisions that may be effective after the principal’s death, including four specified actions that may be taken.

Section 4684 requires an agent to make a health care decision in accordance with the principal’s individual health care instructions, if any, and other wishes to the extent known to the agent. Otherwise, the agent has to make the decision in accordance with the agent’s determination of the principal’s best interest. In determining the principal’s best interest, the agent is required to consider the principal’s personal values to the extent known to the agent.

Section 4685 provides that, 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 reasonably available and willing to make health care decisions has priority over any other person in making health care decisions for the principal.

Section 4686 specifies that, 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 execution of the power of attorney.

Section 4687 explains that 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 attorney, to make or participate in making health care decisions for the principal.

Section 4688 says that, where this division does not provide a rule governing agents under powers of attorney, the law of agency applies.

Section 4689 explains that 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. If the principal objects to the health care decision of the agent under a power of attorney, the matter is to be governed by the law that would apply if there were no power of attorney for health care.

Section 4690 states that, 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 a person previously designated by the principal for this purpose, and may also consult with and obtain information needed to carry out the agent’s duties from specified individuals.

Section 4691 provides that, if directed by the principal in a power of attorney for health care, an attorney-in-fact must, upon the death of the principal, inform those individuals whose names are provided by the principal to the attorney-in-fact for that purpose.