California Probate Code PART 7 - CAPACITY DETERMINATIONS AND HEALTH CARE DECISIONS FOR ADULT WITHOUT CONSERVATOR

  • Section 3200.
    As used in this part:(a) “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient’s physical or mental condition.(b) “Health...
  • Section 3201.
    (a) A petition may be filed to determine that a patient has the capacity to make a health care decision concerning an existing or continuing condition.(b) A...
  • Section 3202.
    The petition may be filed in the superior court of any of the following counties:(a) The county in which the patient resides.(b) The county in which the...
  • Section 3203.
    A petition may be filed by any of the following:(a) The patient.(b) The patient’s spouse.(c) A relative or friend of the patient, or other interested person, including the...
  • Section 3204.
    The petition shall state, or set forth by a medical declaration attached to the petition, all of the following known to the petitioner at the...
  • Section 3205.
    Upon the filing of the petition, the court shall determine the name of the attorney the patient has retained to represent the patient in the...
  • Section 3206.
    (a) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be...
  • Section 3207.
    Notwithstanding Section 3206, the matter presented by the petition may be submitted for the determination of the court upon proper and sufficient medical declarations if...
  • Section 3208.
    (a) Except as provided in subdivision (b), the court may make an order authorizing the recommended health care for the patient and designating a person to...
  • Section 3208.5.
    In a proceeding under this part:(a) Where the patient has the capacity to consent to the recommended health care, the court shall so find in its...
  • Section 3209.
    The court in which the petition is filed has continuing jurisdiction to revoke or modify an order made under this part upon a petition filed,...
  • Section 3210.
    (a) This part is supplemental and alternative to other procedures or methods for obtaining consent to health care or making health care decisions, and is permissive...
  • Section 3211.
    (a) No person may be placed in a mental health treatment facility under the provisions of this part.(b) No experimental drug as defined in Section 111515 of...
  • Section 3212.
    Nothing in this part shall be construed to supersede or impair the right of any individual to choose treatment by spiritual means in lieu of...

Last modified: October 22, 2018