Today's Law As Amended

PDF |Add To My Favorites |Track Bill | print page

AB-937 Health care decisions: order of priority.(2017-2018)



SECTION 1.

 Section 4685 of the Probate Code is amended to read:

4685.
 Unless  Except as provided in subdivision (d) of Section 4711, 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.

SEC. 2.

 Section 4781.4 of the Probate Code is amended to read:

4781.4.
 (a)  If the orders in an individual’s request regarding resuscitative measures directly conflict with his or her the individual’s known  individual health care instruction, as defined in Section 4623, then, to the extent of the conflict, the most recent order or instruction  signed by the individual or instruction made by the individual under Section 4623  is effective.
(b) For purposes of this section, a request regarding resuscitative measures signed by any of the following on behalf of an individual, and which meets all other requirements of Section 4780, shall be deemed to be signed by the individual:
(1) The individual.
(2) The surrogate designated pursuant to Section 4711.
(3) The agent designated pursuant to Section 4671.
(4) The conservator of the individual pursuant to Section 2354 or 2355.
(c) This section does not create a new duty or expand any existing duty to locate an individual’s health care instruction.