SECTIONS 4680-4690 - California Statutes

PROBATE CODE

SECTION 4680-4690

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

4681. (a) Except as provided in subdivision (b), 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.
(b) 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 following:
(1) Statements required to be included in a power of attorney.
(2) Operative dates of statutory enactments or amendments.
(3) Formalities for execution of a power of attorney for health
care.
(4) Qualifications of witnesses.
(5) Qualifications of agents.
(6) Protection of third persons from liability.

4682. 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.

4683. Subject to any limitations in the power of attorney for
health care:
(a) An agent designated in the power of attorney may make health
care decisions for the principal to the same extent the principal
could make health care decisions if the principal had the capacity to
do so.
(b) The agent may also make decisions that may be effective after
the principal's death, including the following:
(1) Making a disposition under the Uniform Anatomical Gift Act
(Chapter 3.5 (commencing with Section 7150) of Part 1 of Division 7
of the Health and Safety Code).
(2) Authorizing an autopsy under Section 7113 of the Health and
Safety Code.
(3) Directing the disposition of remains under Section 7100 of the
Health and Safety Code.
(4) Authorizing the release of the records of the principal to the
extent necessary for the agent to fulfill his or her duties as set
forth in this division.

4684. An agent shall 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
shall 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 shall consider the principal's personal values
to the extent known to the agent.

4685. 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.

4686. 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.

4687. 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.

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

4689. 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 shall be governed by the law that would apply if there were no
power of attorney for health care.

4690. (a) 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 the principal's spouse, physician, supervising health care
provider, attorney, a member of the principal's family, or other
person, including a business entity or government agency, with
respect to matters covered by the power of attorney for health care.
(b) A person described in subdivision (a) from whom information is
requested shall disclose information that the agent requires to
carry out his or her duties. Disclosure under this section is not a
waiver of any privilege that may apply to the information disclosed.