Probate Code — Part 10 | PROB — United States — California law | Esheria

Probate Code

Part 10 of 14 · provisions 1,801–2,000

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Estate administration Indian Child Welfare Act notice Powers of appointment abandonment of tangible personal property abatement abatement of beneficiary shares account access account administration account approvals account designations account disclosure account information requests account objections account ownership account records account settlement account termination accountability accounting accounting and reporting accounting duties accounting for estate administration accounting objections accounting to beneficiaries +1,867 more

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A personal representative may sell estate real or personal property if the chapter’s limits and conditions are met. If a personal representative refuses or neglects to sell property, an interested person may ask the court to order the sale in specified cases. If a will gives directions for how estate property must be sold, the personal representative must follow them unless the court orders otherwise. A personal representative may choose what estate property to sell first, may sell all or part of the estate’s interest in the property, and may sell by public auction or private sale, if the sale is otherwise allowed and subject to specified sections. A personal representative may treat estate assets as a unit for sale, but a private unit sale must meet a 90% minimum price and any sale involving real property must follow real-property sale rules.

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Provisions of Probate Code

Showing 200 of 2,672

  1. 4308.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A third person using employees is generally not treated as having actual knowledge of facts about a power of attorney, or changes to an attorney-in-fact’s authority, unless specified notice and response conditions are met.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4308. (a) A third person who conducts activities through employees is not charged under this chapter with actual knowledge of any fact relating to a power of attorney, nor of a change in the authority of an attorney-in-fact, unless both of the following requirements are satisfied: (1) The information is received at a home office or a place where there is an employee with responsibility to act on the information. (2) The employee has a reasonable time in which to act on the information using the procedure and facilities that are available to the third person in the regular course of its operations. (b) Knowledge of an employee in one branch or office of an entity that conducts business through branches or multiple offices is not attributable to an employee in another branch or office. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  2. 4309.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A third person does not have to do business with an attorney-in-fact if the attorney-in-fact previously breached an agreement with that third person.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4309. Nothing in this chapter requires a third person to engage in any transaction with an attorney-in-fact if the attorney-in-fact has previously breached any agreement with the third person. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  3. 4310.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. )

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    This section says a financial institution is not required to open a deposit account or make a loan in these circumstances.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 2. POWERS OF ATTORNEY GENERALLY [4100 - 4310] ( Part 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 5. Relations With Third Persons [4300 - 4310] ( Chapter 5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4310. Without limiting the generality of Section 4300, nothing in this chapter requires a financial institution to open a deposit account for a principal at the request of an attorney-in-fact if the principal is not currently a depositor of the financial institution or to make a loan to the attorney-in-fact on the principal’s behalf if the principal is not currently a borrower of the financial institution. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  4. 44.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “heir” as a person, including a surviving spouse, who may take a decedent’s property through intestate succession under this code.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 44. “Heir” means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. (Enacted by Stats. 1990, Ch. 79.)
  5. 4400.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    This section states that Part 3 may be cited as the Uniform Statutory Form Power of Attorney Act.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4400. This part may be cited as the Uniform Statutory Form Power of Attorney Act. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  6. 4401.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A statutory form power of attorney is legally sufficient if the requirements of Section 4402 are met.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4401. The following statutory form power of attorney is legally sufficient when the requirements of Section 4402 are satisfied: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE OF INCOMPLETE TEXT: The Uniform Statutory Form Power of Attorney appears in the hard-copy publication of the chaptered bill. See Sec. 3, Chapter 113 (pp. 3–5), Statutes of 2011. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * (Amended by Stats. 2011, Ch. 113, Sec. 3. (AB 1082) Effective January 1, 2012. Note: See published chaptered bill for complete section text. The Uniform Statutory Form Power of Attorney appears on pages 3 to 5 of Ch. 113.)
  7. 4402.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A statutory form power of attorney under this part is legally sufficient only if it substantially follows Section 4401, is properly completed, and the principal’s signature is acknowledged.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4402. A statutory form power of attorney under this part is legally sufficient if all of the following requirements are satisfied: (a) The wording of the form complies substantially with Section 4401. A form does not fail to comply substantially with Section 4401 merely because the form does not include the provisions of Section 4401 relating to designation of co-agents. A form does not fail to comply substantially with Section 4401 merely because the form uses the sentence “Revocation of the power of attorney is not effective as to a third party until the third party learns of the revocation” in place of the sentence “Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation,” in which case the form shall be interpreted as if it contained the sentence “Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation.” (b) The form is properly completed. (c) The signature of the principal is acknowledged. (Amended by Stats. 1995, Ch. 300, Sec. 10. Effective August 3, 1995.)
  8. 4403.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    If line (N) is initialed on the statutory form, an initial next to another power does not reduce the powers granted by line (N).

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4403. If the line in front of (N) of the statutory form under Section 4401 is initialed, an initial on the line in front of any other power does not limit the powers granted by line (N). (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  9. 4404.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A statutory form power of attorney is durable if it includes language showing the principal meant it to remain effective after later incapacity.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4404. A statutory form power of attorney legally sufficient under this part is durable to the extent that the power of attorney contains language, such as “This power of attorney will continue to be effective even though I become incapacitated,” showing the intent of the principal that the power granted may be exercised notwithstanding later incapacity. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  10. 4405.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A statutory form power of attorney may name one or more people to confirm that a specified event or contingency has happened by written declaration under penalty of perjury.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4405. (a) A statutory form power of attorney under this part that limits the power to take effect upon the occurrence of a specified event or contingency, including, but not limited to, the incapacity of the principal, may contain a provision designating one or more persons who, by a written declaration under penalty of perjury, have the power to determine conclusively that the specified event or contingency has occurred. (b) A statutory form power of attorney that contains the provision described in subdivision (a) becomes effective when the person or persons designated in the power of attorney execute a written declaration under penalty of perjury that the specified event or contingency has occurred, and any person may act in reliance on the written declaration without liability to the principal or to any other person, regardless whether the specified event or contingency has actually occurred. (c) The provision described in subdivision (a) may be included in the “Special Instructions” portion of the form set forth in Section 4401. (d) Subdivisions (a) and (b) do not provide the exclusive method by which a statutory form power of attorney under this part may be limited to take effect upon the occurrence of a specified event or contingency. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  11. 4406.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A third person who refuses to honor a properly executed statutory power of attorney may be compelled to do so, and the court must award attorney’s fees if the refusal was unreasonable.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4406. (a) If a third person to whom a properly executed statutory form power of attorney under this part is presented refuses to honor the agent’s authority under the power of attorney within a reasonable time, the third person may be compelled to honor the agent’s authority under the power of attorney in an action brought against the third person for this purpose, except that the third person may not be compelled to honor the agent’s authority if the principal could not compel the third person to act in the same circumstances. (b) If an action is brought under this section, the court shall award attorney’s fees to the agent if the court finds that the third person acted unreasonably in refusing to accept the agent’s authority under the statutory form power of attorney. (c) For the purpose of subdivision (b), and without limiting any other grounds that may constitute a reasonable refusal to accept an agent’s authority under a statutory form power of attorney, a third person shall not be deemed to have acted unreasonably in refusing to accept an agent’s authority if the refusal is authorized or required by state or federal statute or regulation. (d) Notwithstanding subdivision (c), a third person’s refusal to accept an agent’s authority under a statutory form power of attorney under this part shall be deemed unreasonable if the only reason for the refusal is that the power of attorney is not on a form prescribed by the third person to whom the power of attorney is presented. (e) The remedy provided in this section is cumulative and nonexclusive. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  12. 4407.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    This section says the division applies to a statutory form power of attorney, unless another provision in this part conflicts or the division is expressly made inapplicable.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4407. The provisions of this division apply to a statutory form power of attorney except when there is a conflicting provision in this part, in which case the provision of this part governs, or when a provision of this division is expressly made inapplicable to a statutory form power of attorney. (Amended by Stats. 2011, Ch. 113, Sec. 4. (AB 1082) Effective January 1, 2012.)
  13. 4408.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    Using a different power-of-attorney form is allowed if it complies with another law.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4408. Nothing in this part affects or limits the use of any other form for a power of attorney. A form that complies with the requirements of any law other than the provisions of this part may be used instead of the form set forth in Section 4401, and none of the provisions of this part apply if the other form is used. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  14. 4409.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. )

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    Certain statutory short-form powers of attorney remain valid even if they were executed before, on, or after the repeal of the cited Civil Code chapters, so long as they used a form that complied with the applicable former chapter.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 1. General Provisions [4400 - 4409] ( Chapter 1 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4409. (a) A statutory short form power of attorney executed before, on, or after the repeal of Chapter 3 (commencing with Section 2450) of Title 9 of Part 4 of Division 3 of the Civil Code by Chapter 986 of the Statutes of 1990, using a form that complied with former Section 2450 of the Civil Code, as originally enacted by Chapter 602 of the Statutes of 1984, or as amended by Chapter 403 of the Statutes of 1985, is as valid as if Chapter 3 (commencing with Section 2450) of Title 9 of Part 4 of Division 3 of the Civil Code had not been repealed by, and former Section 2511 of the Civil Code amended by, Chapter 986 of the Statutes of 1990. (b) A statutory form power of attorney executed before, on, or after the repeal of Chapter 3.5 (commencing with Section 2475) of Title 9 of Part 4 of Division 3 of the Civil Code by the act that enacted this section, using a form that complied with the repealed chapter of the Civil Code is as valid as if that chapter had not been repealed. (Amended by Stats. 1995, Ch. 300, Sec. 11. Effective August 3, 1995.)
  15. 4450.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    If a principal signs a statutory form power of attorney for a Section 4401 subject, the agent is empowered to act on that subject, unless the power is limited or expanded by the principal.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4450. By executing a statutory form power of attorney with respect to a subject listed in Section 4401, the principal, except as limited or extended by the principal in the power of attorney, empowers the agent, for that subject, to do all of the following: (a) Demand, receive, and obtain by litigation or otherwise, money or other thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received for the purposes intended. (b) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction, and perform, rescind, reform, release, or modify the contract or another contract made by or on behalf of the principal. (c) Execute, acknowledge, seal, and deliver a deed, revocation, mortgage, lease, notice, check, release, or other instrument the agent considers desirable to accomplish a purpose of a transaction. (d) Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to, a claim existing in favor of or against the principal or intervene in litigation relating to the claim. (e) Seek on the principal’s behalf the assistance of a court to carry out an act authorized by the power of attorney. (f) Engage, compensate, and discharge an attorney, accountant, expert witness, or other assistant. (g) Keep appropriate records of each transaction, including an accounting of receipts and disbursements. (h) Prepare, execute, and file a record, report, or other document the agent considers desirable to safeguard or promote the principal’s interest under a statute or governmental regulation. (i) Reimburse the agent for expenditures properly made by the agent in exercising the powers granted by the power of attorney. (j) In general, do any other lawful act with respect to the subject. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  16. 4451.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A statutory form power of attorney for real property transactions gives the agent authority to carry out a wide range of real estate acts.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4451. In a statutory form power of attorney, the language granting power with respect to real property transactions empowers the agent to do all of the following: (a) Accept as a gift or as security for a loan, reject, demand, buy, lease, receive, or otherwise acquire, an interest in real property or a right incident to real property. (b) Sell, exchange, convey with or without covenants, quitclaim, release, surrender, mortgage, encumber, partition, consent to partitioning, subdivide, apply for zoning, rezoning, or other governmental permits, plat or consent to platting, develop, grant options concerning, lease, sublease, or otherwise dispose of, an interest in real property or a right incident to real property. (c) Release, assign, satisfy, and enforce by litigation or otherwise, a mortgage, deed of trust, encumbrance, lien, or other claim to real property which exists or is asserted. (d) Do any act of management or of conservation with respect to an interest in real property, or a right incident to real property, owned, or claimed to be owned, by the principal, including all of the following: (1) Insuring against a casualty, liability, or loss. (2) Obtaining or regaining possession, or protecting the interest or right, by litigation or otherwise. (3) Paying, compromising, or contesting taxes or assessments, or applying for and receiving refunds in connection with them. (4) Purchasing supplies, hiring assistance or labor, and making repairs or alterations in the real property. (e) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right. (f) Participate in a reorganization with respect to real property or a legal entity that owns an interest in or right incident to real property and receive and hold shares of stock or obligations received in a plan of reorganization, and act with respect to them, including all of the following: (1) Selling or otherwise disposing of them. (2) Exercising or selling an option, conversion, or similar right with respect to them. (3) Voting them in person or by proxy. (g) Change the form of title of an interest in or right incident to real property. (h) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest or right. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  17. 4452.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A statutory form power of attorney can authorize the agent to handle tangible personal property transactions, including acquiring, selling, managing, protecting, and otherwise disposing of the property.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4452. In a statutory form power of attorney, the language granting power with respect to tangible personal property transactions empowers the agent to do all of the following: (a) Accept as a gift or as security for a loan, reject, demand, buy, receive, or otherwise acquire ownership or possession of tangible personal property or an interest in tangible personal property. (b) Sell, exchange, convey with or without covenants, release, surrender, mortgage, encumber, pledge, hypothecate, create a security interest in, pawn, grant options concerning, lease, sublease to others, or otherwise dispose of tangible personal property or an interest in tangible personal property. (c) Release, assign, satisfy, or enforce by litigation or otherwise, a mortgage, security interest, encumbrance, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property. (d) Do an act of management or conservation with respect to tangible personal property or an interest in tangible personal property on behalf of the principal, including all of the following: (1) Insuring against casualty, liability, or loss. (2) Obtaining or regaining possession, or protecting the property or interest, by litigation or otherwise. (3) Paying, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments. (4) Moving from place to place. (5) Storing for hire or on a gratuitous bailment. (6) Using, altering, and making repairs or alterations. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  18. 4453.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A statutory form power of attorney lets the agent handle certain stock and bond transactions.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4453. In a statutory form power of attorney, the language granting power with respect to stock and bond transactions empowers the agent to do all of the following: (a) Buy, sell, and exchange stocks, bonds, mutual funds, and all other types of securities and financial instruments except commodity futures contracts and call and put options on stocks and stock indexes. (b) Receive certificates and other evidences of ownership with respect to securities. (c) Exercise voting rights with respect to securities in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  19. 4454.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A statutory form power of attorney can authorize the agent to carry out commodity and option transactions, including trading contracts and managing option accounts.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4454. In a statutory form power of attorney, the language granting power with respect to commodity and option transactions empowers the agent to do all of the following: (a) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call and put options on stocks and stock indexes traded on a regulated option exchange. (b) Establish, continue, modify, and terminate option accounts with a broker. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  20. 4455.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A statutory form power of attorney gives the agent broad power over the principal’s banking and other financial institution transactions.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4455. In a statutory form power of attorney, the language granting power with respect to banking and other financial institution transactions empowers the agent to do all of the following: (a) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal. (b) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, industrial loan company, brokerage firm, or other financial institution selected by the agent. (c) Hire or close a safe deposit box or space in a vault. (d) Contract to procure other services available from a financial institution as the agent considers desirable. (e) Withdraw by check, order, or otherwise money or property of the principal deposited with or left in the custody of a financial institution. (f) Receive bank statements, vouchers, notices, and similar documents from a financial institution and act with respect to them. (g) Enter a safe deposit box or vault and withdraw or add to the contents. (h) Borrow money at an interest rate agreeable to the agent and pledge as security personal property of the principal necessary in order to borrow, pay, renew, or extend the time of payment of a debt of the principal. (i) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal, or payable to the principal or the principal’s order, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due. (j) Receive for the principal and act upon a sight draft, warehouse receipt, or other negotiable or nonnegotiable instrument. (k) Apply for and receive letters of credit, credit cards, and traveler’s checks from a financial institution, and give an indemnity or other agreement in connection with letters of credit. (l) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  21. 4456.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    This section says a statutory power of attorney can authorize an agent to carry out listed business-operating actions for the principal.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4456. In a statutory form power of attorney, the language granting power with respect to business operating transactions empowers the agent to do all of the following: (a) Operate, buy, sell, enlarge, reduce, and terminate a business interest. (b) To the extent that an agent is permitted by law to act for a principal and subject to the terms of the partnership agreement: (1) Perform a duty or discharge a liability and exercise a right, power, privilege, or option that the principal has, may have, or claims to have, under a partnership agreement, whether or not the principal is a partner. (2) Enforce the terms of a partnership agreement by litigation or otherwise. (3) Defend, submit to arbitration, settle, or compromise litigation to which the principal is a party because of membership in the partnership. (c) Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of a bond, share, or other instrument of similar character, and defend, submit to arbitration, settle, or compromise litigation to which the principal is a party because of a bond, share, or similar instrument. (d) With respect to a business owned solely by the principal: (1) Continue, modify, renegotiate, extend, and terminate a contract made with an individual or a legal entity, firm, association, or corporation by or on behalf of the principal with respect to the business before execution of the power of attorney. (2) Determine the policy of the business as to (A) the location of its operation, (B) the nature and extent of its business, (C) the methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation, (D) the amount and types of insurance carried, and (E) the mode of engaging, compensating, and dealing with its accountants, attorneys, and other agents and employees. (3) Change the name or form of organization under which the business is operated and enter into a partnership agreement with other persons or organize a corporation to take over all or part of the operation of the business. (4) Demand and receive money due or claimed by the principal or on the principal’s behalf in the operation of the business, and control and disburse the money in the operation of the business. (e) Put additional capital into a business in which the principal has an interest. (f) Join in a plan of reorganization, consolidation, or merger of the business. (g) Sell or liquidate a business or part of it at the time and upon the terms the agent considers desirable. (h) Represent the principal in establishing the value of a business under a buy-out agreement to which the principal is a party. (i) Prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to a business which are required by a governmental agency or instrumentality or which the agent considers desirable, and make related payments. (j) Pay, compromise, or contest taxes or assessments and do any other act which the agent considers desirable to protect the principal from illegal or unnecessary taxation, fines, penalties, or assessments with respect to a business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  22. 4457.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A statutory-form power of attorney can authorize an agent to take a wide range of insurance and annuity actions for the principal.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4457. In a statutory form power of attorney, the language granting power with respect to insurance and annuity transactions empowers the agent to do all of the following: (a) Continue, pay the premium or assessment on, modify, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract. (b) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal’s spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment. (c) Pay the premium or assessment on, modify, rescind, release, or terminate a contract of insurance or annuity procured by the agent. (d) Apply for and receive a loan on the security of the contract of insurance or annuity. (e) Surrender and receive the cash surrender value. (f) Exercise an election. (g) Change the manner of paying premiums. (h) Change or convert the type of insurance contract or annuity as to any insurance contract or annuity with respect to which the principal has or claims to have a power described in this section. (i) Apply for and procure government aid to guarantee or pay premiums of a contract of insurance on the life of the principal. (j) Collect, sell, assign, hypothecate, borrow upon, or pledge the interest of the principal in a contract of insurance or annuity. (k) Pay from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment. (Amended by Stats. 2011, Ch. 113, Sec. 5. (AB 1082) Effective January 1, 2012.)
  23. 4458.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A statutory form power of attorney lets the agent handle a broad set of beneficiary-related transactions and litigation for the principal.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4458. In a statutory form power of attorney, the language granting power with respect to estate, trust, and other beneficiary transactions, empowers the agent to act for the principal in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodianship, or other fund from which the principal is, may become, or claims to be entitled, as a beneficiary, to a share or payment, including the power to do all of the following: (a) Accept, receive, receipt for, sell, assign, pledge, or exchange, a share in, or payment from, the fund. (b) Demand or obtain by litigation or otherwise money or other thing of value to which the principal is, may become, or claims to be entitled by reason of the fund. (c) Initiate, participate in, and oppose litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal. (d) Initiate, participate in, and oppose litigation to remove, substitute, or surcharge a fiduciary. (e) Conserve, invest, disburse, and use anything received for an authorized purpose. (f) Transfer an interest of the principal in real property, stocks, bonds, accounts with financial institutions, insurance, and other property, to the trustee of a revocable trust created by the principal as settlor. (g) Disclaim a detrimental transfer to the principal with the approval of the court. (Amended by Stats. 2011, Ch. 113, Sec. 6. (AB 1082) Effective January 1, 2012.)
  24. 4459.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    This section says a statutory form power of attorney can authorize the agent to handle claims and litigation matters.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4459. In a statutory form power of attorney, the language with respect to claims and litigation empowers the agent to do all of the following: (a) Assert and prosecute before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, cross-complaint, or offset, and defend against an individual, a legal entity, or government, including suits to recover property or other thing of value, to recover damages sustained by the principal, to eliminate or modify tax liability, or to seek an injunction, specific performance, or other relief. (b) Bring an action to determine adverse claims, intervene in litigation, and act as amicus curiae. (c) In connection with litigation: (1) Procure an attachment, garnishment, libel, order of arrest, or other preliminary, provisional, or intermediate relief and use any available procedure to effect, enforce, or satisfy a judgment, order, or decree. (2) Perform any lawful act, including acceptance of tender, offer of judgment, admission of facts, submission of a controversy on an agreed statement of facts, consent to examination before trial, and binding the principal in litigation. (d) Submit to arbitration, settle, and propose or accept a compromise with respect to a claim or litigation. (e) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon whom process directed to the principal may be served, execute and file or deliver stipulations on the principal’s behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive and execute and file or deliver a consent, waiver, release, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation. (f) Act for the principal with respect to bankruptcy or insolvency proceedings, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization proceeding, or with respect to an assignment for the benefit of creditors, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value. (g) Pay a judgment against the principal or a settlement made in connection with litigation and receive and conserve money or other thing of value paid in settlement of or as proceeds of a claim or litigation. (Amended by Stats. 2022, Ch. 851, Sec. 7. (SB 688) Effective January 1, 2023.)
  25. 4460.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

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    A statutory power of attorney that grants personal and family maintenance authority lets the agent carry out listed support-related actions.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4460. (a) In a statutory form power of attorney, the language granting power with respect to personal and family maintenance empowers the agent to do all of the following: (1) Do the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, children, and other individuals customarily or legally entitled to be supported by the principal, including providing living quarters by purchase, lease, or other contract, or paying the operating costs, including interest, amortization payments, repairs, and taxes on premises owned by the principal and occupied by those individuals. (2) Provide for the individuals described in paragraph (1) all of the following: (A) Normal domestic help. (B) Usual vacations and travel expenses. (C) Funds for shelter, clothing, food, appropriate education, and other current living costs. (3) Pay for the individuals described in paragraph (1) necessary medical, dental, and surgical care, hospitalization, and custodial care. (4) Continue any provision made by the principal, for the individuals described in paragraph (1), for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them. (5) Maintain or open charge accounts for the convenience of the individuals described in paragraph (1) and open new accounts the agent considers desirable to accomplish a lawful purpose. (6) Continue payments incidental to the membership or affiliation of the principal in a church, club, society, order, or other organization and continue contributions to those organizations. (b) The authority of an agent with respect to personal and family maintenance under this section is not dependent on any other grant of authority to the agent to make gifts on the principal’s behalf and is not limited by any limitation that otherwise applies to the authority of the agent to make gifts on the principal’s behalf. (Amended by Stats. 2011, Ch. 113, Sec. 7. (AB 1082) Effective January 1, 2012.)
  26. 4461.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A statutory form power of attorney can authorize an agent to handle government-benefit matters, including vouchers, property shipment, claims, disputes, settlements, and receipt or use of claim proceeds.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4461. In a statutory form power of attorney, the language granting power with respect to benefits from social security, Medicare, Medicaid, or other governmental programs, or civil or military service, empowers the agent to do all of the following: (a) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in paragraph (1) of subdivision (a) of Section 4460, and for shipment of their household effects. (b) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose. (c) Prepare, file, and prosecute a claim of the principal to a benefit or assistance, financial or otherwise, to which the principal claims to be entitled, under a statute or governmental regulation. (d) Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to any benefits the principal may be entitled to receive. (e) Receive the financial proceeds of a claim of the type described in this section, conserve, invest, disburse, or use anything received for a lawful purpose. (Amended by Stats. 2012, Ch. 162, Sec. 138. (SB 1171) Effective January 1, 2013.)
  27. 4462.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    This section gives an agent power, under a statutory form power of attorney, to make several retirement-plan decisions and transactions for the principal.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4462. In a statutory form power of attorney, the language granting power with respect to retirement plan transactions empowers the agent to do all of the following: (a) Select payment options under any retirement plan in which the principal participates, including plans for self-employed individuals. (b) Make voluntary contributions to those plans. (c) Exercise the investment powers available under any self-directed retirement plan. (d) Make rollovers of plan benefits into other retirement plans. (e) If authorized by the plan, borrow from, sell assets to, and purchase assets from the plan. (f) Waive the right of the principal to be a beneficiary of a joint or survivor annuity if the principal is a spouse who is not employed. (Amended by Stats. 2011, Ch. 113, Sec. 9. (AB 1082) Effective January 1, 2012.)
  28. 4463.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    A statutory form power of attorney can authorize an agent to handle the principal’s tax matters.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4463. In a statutory form power of attorney, the language granting power with respect to tax matters empowers the agent to do all of the following: (a) Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, Federal Insurance Contributions Act returns, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents (including consents and agreements under Internal Revenue Code Section 2032A or any successor section), closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and to the tax year in which the power of attorney was executed and any subsequent tax year. (b) Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority. (c) Exercise any election available to the principal under federal, state, local, or foreign tax law. (d) Act for the principal in all tax matters for all periods before the Internal Revenue Service and any other taxing authority. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  29. 4464.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    Powers under this chapter may be exercised equally for interests the principal already has or later acquires, even if the property is outside the state or the power is used or signed in the state.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4464. The powers described in this chapter are exercisable equally with respect to an interest the principal has when the statutory form power of attorney is executed or acquires later, whether or not the property is located in this state, and whether or not the powers are exercised or the power of attorney is executed in this state. (Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
  30. 4465.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. )

    Verify source ↗

    An agent under a statutory form power of attorney may not do the Section 4264 actions unless the power of attorney expressly gives that authority.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY [4400 - 4465] ( Part 3 added by Stats. 1994, Ch. 307, Sec. 16. ) ## CHAPTER 2. Construction of Powers [4450 - 4465] ( Chapter 2 added by Stats. 1994, Ch. 307, Sec. 16. ) ## 4465. A statutory form power of attorney under this part does not empower the agent to take any of the actions specified in Section 4264 unless the statutory form power of attorney expressly grants that authority to the attorney-in-fact. (Repealed and added by Stats. 2011, Ch. 113, Sec. 11. (AB 1082) Effective January 1, 2012.)
  31. 45.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Instrument” includes a will, trust-related documents, a deed, and other writings that name a beneficiary or make a donative transfer of property.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 45. “Instrument” means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. (Amended by Stats. 2019, Ch. 56, Sec. 1. (SB 308) Effective January 1, 2020.)
  32. 450.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Powers of Probate Referee [450 - 453] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A probate referee gets the powers of a superior court referee, plus other chapter powers, once designated by the court.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Powers of Probate Referee [450 - 453] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 450. Upon designation by the court, the probate referee has all the powers of a referee of the superior court and all other powers provided in this chapter. (Enacted by Stats. 1990, Ch. 79.)
  33. 4500.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    A power of attorney may be exercised without court intervention, but only as provided in this part.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4500. A power of attorney is exercisable free of judicial intervention, subject to this part. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  34. 4501.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    The remedies in this part are cumulative and do not exclude other remedies provided by law.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4501. The remedies provided in this part are cumulative and not exclusive of any other remedies provided by law. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  35. 4502.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    This section says Part 4 is generally not limited by a power of attorney, except as provided in Section 4503.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4502. Except as provided in Section 4503, this part is not subject to limitation in the power of attorney. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  36. 4503.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    A power of attorney may, if specific lawyer-advice and certification requirements are met, remove some listed persons’ authority to petition the court, but it cannot take away the petitioning authority of the attorney-in-fact, the principal, the conservator, or the public guardian.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4503. (a) Subject to subdivision (b), a power of attorney may expressly eliminate the authority of a person listed in Section 4540 to petition the court for any one or more of the purposes enumerated in Section 4541 if both of the following requirements are satisfied: (1) The power of attorney is executed by the principal at a time when the principal has the advice of a lawyer authorized to practice law in the state where the power of attorney is executed. (2) The principal’s lawyer signs a certificate stating in substance: “I am a lawyer authorized to practice law in the state where this power of attorney was executed, and the principal was my client at the time this power of attorney was executed. I have advised my client concerning his or her rights in connection with this power of attorney and the applicable law and the consequences of signing or not signing this power of attorney, and my client, after being so advised, has executed this power of attorney.” (b) A power of attorney may not limit the authority of the attorney-in-fact, the principal, the conservator of the person or estate of the principal, or the public guardian to petition under this part. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  37. 4504.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    Proceedings under this division do not include a right to a jury trial.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4504. There is no right to a jury trial in proceedings under this division. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  38. 4505.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    For proceedings under this division, the general provisions in Division 3 apply unless this division says otherwise.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 1. General Provisions [4500 - 4505] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4505. Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  39. 451.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Powers of Probate Referee [450 - 453] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A probate referee may require people with knowledge of estate property to appear and may issue subpoenas to compel that appearance for appraisal purposes.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Powers of Probate Referee [450 - 453] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 451. (a) For the purpose of appraisal of property in the estate, the probate referee may require, and may issue a subpoena to compel, the appearance before the referee of the personal representative, guardian, conservator, or other fiduciary, an interested person, or any other person the referee has reason to believe has knowledge of the property. (b) A subpoena issued under subdivision (a) is subject to the provisions of Chapter 6 (commencing with Section 2020.010) of Title 4 of Part 4 of the Code of Civil Procedure governing deposition subpoenas. (Amended by Stats. 2004, Ch. 182, Sec. 52. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  40. 452.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Powers of Probate Referee [450 - 453] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A probate referee may examine people under oath and issue subpoenas to compel document production about the value of estate property.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Powers of Probate Referee [450 - 453] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 452. (a) The probate referee may: (1) Examine and take the testimony under oath of a person appearing before the referee. (2) Require, and issue a subpoena to compel, the person to produce any document in the person’s possession or control, concerning the value of any property in the estate. (b) A subpoena issued under subdivision (a) is subject to the provisions of Chapter 6 (commencing with Section 2020.010) of Title 4 of Part 4 of the Code of Civil Procedure governing deposition subpoenas. (Amended by Stats. 2004, Ch. 182, Sec. 53. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
  41. 4520.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 2. Jurisdiction and Venue [4520 - 4523] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    The superior court has jurisdiction over proceedings under this division, and the court or a judge has the same power and authority as provided by law for a superior court or judge.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 2. Jurisdiction and Venue [4520 - 4523] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4520. (a) The superior court has jurisdiction in proceedings under this division. (b) The court in proceedings under this division is a court of general jurisdiction and the court, or a judge of the court, has the same power and authority with respect to the proceedings as otherwise provided by law for a superior court, or a judge of the superior court, including, but not limited to, the matters authorized by Section 128 of the Code of Civil Procedure. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  42. 4521.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 2. Jurisdiction and Venue [4520 - 4523] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    The court may exercise jurisdiction in proceedings under this division on any basis allowed by Section 410.10 of the Code of Civil Procedure.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 2. Jurisdiction and Venue [4520 - 4523] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4521. The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  43. 4522.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 2. Jurisdiction and Venue [4520 - 4523] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    An attorney-in-fact under a power of attorney governed by this division is subject to personal jurisdiction in California for matters relating to acts and transactions performed in California or affecting property or a principal in California.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 2. Jurisdiction and Venue [4520 - 4523] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4522. Without limiting Section 4521, a person who acts as an attorney-in-fact under a power of attorney governed by this division is subject to personal jurisdiction in this state with respect to matters relating to acts and transactions of the attorney-in-fact performed in this state or affecting property or a principal in this state. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  44. 4523.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 2. Jurisdiction and Venue [4520 - 4523] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    This section sets the order for deciding the proper county to start a proceeding under this division.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 2. Jurisdiction and Venue [4520 - 4523] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4523. The proper county for commencement of a proceeding under this division shall be determined in the following order of priority: (a) The county in which the principal resides. (b) The county in which the attorney-in-fact resides. (c) A county in which property subject to the power of attorney is located. (d) Any other county that is in the principal’s best interest. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  45. 453.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Powers of Probate Referee [450 - 453] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section lets the court issue protective or show-cause orders related to probate referee appearances, and it requires 15 days’ notice for the hearing petition.

    ## Probate Code - PROB ## DIVISION 2. GENERAL PROVISIONS [100 - 890] ( Division 2 enacted by Stats. 1990, Ch. 79. ) ## PART 12. PROBATE REFEREES [400 - 453] ( Part 12 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Powers of Probate Referee [450 - 453] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 453. (a) On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppression. The petitioner shall deliver pursuant to Section 1215 notice of the hearing on the petition to the probate referee and to the personal representative, guardian, conservator, or other fiduciary at least 15 days before the date set for the hearing. Any subpoena issued by the probate referee is stayed during the pendency of the petition. (b) On petition of the probate referee, the court may make an order to show cause why a person who is required, but fails, to appear before the probate referee pursuant to this chapter, should not be compelled to do so. The probate referee shall deliver pursuant to Section 1215 notice of the hearing on the petition to the person at least 15 days before the date set for the hearing. (Amended by Stats. 2017, Ch. 319, Sec. 8. (AB 976) Effective January 1, 2018.)
  46. 4540.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    Subject to Section 4503, several specified people may file a petition under this part.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4540. Subject to Section 4503, a petition may be filed under this part by any of the following persons: (a) The attorney-in-fact. (b) The principal. (c) The spouse of the principal. (d) A relative of the principal. (e) The conservator of the person or estate of the principal. (f) The court investigator, described in Section 1454, of the county where the power of attorney was executed or where the principal resides. (g) The public guardian of the county where the power of attorney was executed or where the principal resides. (h) The personal representative or trustee of the principal’s estate. (i) The principal’s successor in interest. (j) A person who is requested in writing by an attorney-in-fact to take action. (k) Any other interested person or friend of the principal. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  47. 4541.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    This section lets a court handle petitions about a power of attorney, including whether it is still effective, whether to review the attorney-in-fact’s actions, whether to compel an accounting or report, whether to revoke the attorney-in-fact’s authority, and whether to approve a resignation.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4541. A petition may be filed under this part for any one or more of the following purposes: (a) Determining whether the power of attorney is in effect or has terminated. (b) Passing on the acts or proposed acts of the attorney-in-fact, including approval of authority to disobey the principal’s instructions pursuant to subdivision (b) of Section 4234. (c) Compelling the attorney-in-fact to submit the attorney-in-fact’s accounts or report the attorney-in-fact’s acts as attorney-in-fact to the principal, the spouse of the principal, the conservator of the person or the estate of the principal, or to any other person required by the court in its discretion, if the attorney-in-fact has failed to submit an accounting or report within 60 days after written request from the person filing the petition. (d) Declaring that the authority of the attorney-in-fact is revoked on a determination by the court of all of the following: (1) The attorney-in-fact has violated or is unfit to perform the fiduciary duties under the power of attorney. (2) At the time of the determination by the court, the principal lacks the capacity to give or to revoke a power of attorney. (3) The revocation of the attorney-in-fact’s authority is in the best interest of the principal or the principal’s estate. (e) Approving the resignation of the attorney-in-fact: (1) If the attorney-in-fact is subject to a duty to act under Section 4230, the court may approve the resignation, subject to any orders the court determines are necessary to protect the principal’s interests. (2) If the attorney-in-fact is not subject to a duty to act under Section 4230, the court shall approve the resignation, subject to the court’s discretion to require the attorney-in-fact to give notice to other interested persons. (f) Compelling a third person to honor the authority of an attorney-in-fact. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  48. 4542.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    A proceeding under this part starts when a petitioner files a petition with the required facts.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4542. A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of the petition, and, if known to the petitioner, the terms of the power of attorney. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  49. 4543.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. )

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    The court may dismiss a petition if the proceeding is not reasonably necessary to protect the principal or the principal’s estate, and must stay or dismiss it when required by Section 410.30 of the Code of Civil Procedure.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4543. The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the principal or the principal’s estate and shall stay or dismiss the proceeding in whole or in part when required by Section 410.30 of the Code of Civil Procedure. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  50. 4544.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. )

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    The petitioner must serve notice of the hearing and a copy of the petition at least 15 days before the hearing, with a separate service rule for petitions to compel a third person to honor an attorney-in-fact’s authority.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4544. (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing, together with a copy of the petition, on the following: (1) The attorney-in-fact if not the petitioner. (2) The principal if not the petitioner. (b) In the case of a petition to compel a third person to honor the authority of an attorney-in-fact, notice of the time and place of the hearing, together with a copy of the petition, shall be served on the third person in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  51. 4545.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. )

    Verify source ↗

    In certain proceedings under this part, the court may decide to award reasonable attorney’s fees.

    ## Probate Code - PROB ## DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545] ( Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16. ) ## PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY [4500 - 4545] ( Part 4 repealed (by Sec. 38) and added by Stats. 1999, Ch. 658, Sec. 37. ) ## CHAPTER 3. Petitions, Orders,Appeals [4540 - 4545] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 37. ) ## 4545. In a proceeding under this part commenced by the filing of a petition by a person other than the attorney-in-fact, the court may in its discretion award reasonable attorney’s fees to one of the following: (a) The attorney-in-fact, if the court determines that the proceeding was commenced without any reasonable cause. (b) The person commencing the proceeding, if the court determines that the attorney-in-fact has clearly violated the fiduciary duties under the power of attorney or has failed without any reasonable cause or justification to submit accounts or report acts to the principal or conservator of the estate or of the person, as the case may be, after written request from the principal or conservator. (Added by Stats. 1999, Ch. 658, Sec. 37. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  52. 46.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “insured account in a financial institution” as an account in a bank, insured credit union, or insured savings and loan association, but only to the extent the account is insured.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 46. “Insured account in a financial institution” means an account in a bank, an account in an insured credit union, and an account in an insured savings and loan association, to the extent that the account is insured. (Enacted by Stats. 1990, Ch. 79.)
  53. 4600.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section says Division 4.7 may be cited as the Health Care Decisions Law.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4600. This division may be cited as the Health Care Decisions Law. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  54. 4603.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The chapter’s definitions control how this division is interpreted, unless the provision or context requires otherwise.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4603. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  55. 4605.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “advance health care directive” or “advance directive” as either an individual health care instruction or a power of attorney for health care.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4605. “Advance health care directive” or “advance directive” means either an individual health care instruction or a power of attorney for health care. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  56. 4607.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “agent” for health care decisions under a power of attorney for health care.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4607. (a) “Agent” means an individual designated in a power of attorney for health care to make a health care decision for the principal, regardless of whether the person is known as an agent or attorney-in-fact, or by some other term. (b) “Agent” includes a successor or alternate agent. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  57. 4609.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “capacity” as a person’s ability to understand a decision and communicate it, including understanding health care benefits, risks, and alternatives.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4609. “Capacity” means a person’s ability to understand the nature and consequences of a decision and to make and communicate a decision, and includes in the case of proposed health care, the ability to understand its significant benefits, risks, and alternatives. (Amended by Stats. 2001, Ch. 230, Sec. 3. Effective January 1, 2002.)
  58. 4611.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

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    This section defines “community care facility” by referring to the definition in Section 1502 of the Health and Safety Code.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4611. “Community care facility” means a “community care facility” as defined in Section 1502 of the Health and Safety Code. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  59. 4613.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

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    “Conservator” means a court-appointed conservator who has authority to make a health care decision for a patient.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4613. “Conservator” means a court-appointed conservator having authority to make a health care decision for a patient. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  60. 4615.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    “Health care” means care, treatment, services, or procedures used to maintain, diagnose, or otherwise affect a patient’s physical or mental health condition.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4615. “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient’s physical or mental health condition. (Amended by Stats. 2022, Ch. 21, Sec. 1. (AB 2288) Effective January 1, 2023.)
  61. 4617.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “health care decision” for this code section.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4617. (a) “Health care decision” means a decision made by a patient or the patient’s agent, conservator, or surrogate, regarding the patient’s health care, including the following: (1) Selection and discharge of health care providers and institutions. (2) Approval or disapproval of diagnostic tests, surgical procedures, and programs of medication, including mental health conditions. (3) Directions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation. (b) “Health care decision” does not include a decision made by a patient’s agent, conservator, or surrogate to consent to treatments identified in Section 4652. (Amended by Stats. 2023, Ch. 171, Sec. 1. (AB 1029) Effective January 1, 2024.)
  62. 4619.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

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    This section defines “health care institution” as a licensed, certified, or otherwise legally authorized facility, agency, or institution that provides health care in the ordinary course of business.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4619. “Health care institution” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  63. 4621.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    “Health care provider” is defined as an individual who is licensed, certified, or otherwise authorized or permitted by state law to provide health care in the ordinary course of a profession or business.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4621. “Health care provider” means an individual licensed, certified, or otherwise authorized or permitted by the law of this state to provide health care in the ordinary course of business or practice of a profession. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  64. 4623.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “individual health care instruction” (or “individual instruction”) as a patient’s written or oral direction about a health care decision for that patient.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4623. “Individual health care instruction” or “individual instruction” means a patient’s written or oral direction concerning a health care decision for the patient. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  65. 4625.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    “Patient” means an adult whose health care is under consideration, and it also includes certain adults acting under a health care power of attorney or who have given an individual health care instruction or designated a surrogate.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4625. “Patient” means an adult whose health care is under consideration, and includes a principal under a power of attorney for health care and an adult who has given an individual health care instruction or designated a surrogate. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  66. 4627.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    “Physician” means a physician and surgeon licensed by either specified California medical board.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4627. “Physician” means a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  67. 4629.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “power of attorney for health care” as a written instrument that designates an agent to make health care decisions for the principal.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4629. “Power of attorney for health care” means a written instrument designating an agent to make health care decisions for the principal. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  68. 4631.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “primary physician” as the doctor chosen by the patient or the patient’s agent, conservator, or surrogate, or, if no one is designated or the chosen doctor is unavailable or declines, the doctor who takes on that responsibility.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4631. “Primary physician” means a physician designated by a patient or the patient’s agent, conservator, or surrogate, to have primary responsibility for the patient’s health care or, in the absence of a designation or if the designated physician is not reasonably available or declines to act as primary physician, a physician who undertakes the responsibility. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  69. 4633.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    “Principal” means an adult who signs a power of attorney for health care.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4633. “Principal” means an adult who executes a power of attorney for health care. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  70. 4635.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “reasonably available” for this chapter.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4635. “Reasonably available” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient’s health care needs. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  71. 4637.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “residential care facility for the elderly” by cross-reference to another code section.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4637. “Residential care facility for the elderly” means a “residential care facility for the elderly” as defined in Section 1569.2 of the Health and Safety Code. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  72. 4639.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “skilled nursing facility” by reference to Health and Safety Code Section 1250.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4639. “Skilled nursing facility” means a “skilled nursing facility” as defined in Section 1250 of the Health and Safety Code. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  73. 4641.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section defines “supervising health care provider.”

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4641. “Supervising health care provider” means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who has undertaken primary responsibility for a patient’s health care. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  74. 4643.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    “Surrogate” means an adult, other than the patient’s agent or conservator, who is authorized under this division to make health care decisions for the patient.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Short Title and Definitions [4600 - 4643] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4643. “Surrogate” means an adult, other than a patient’s agent or conservator, authorized under this division to make a health care decision for the patient. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  75. 4650.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The provision says an adult has a fundamental right to control their own health care decisions, including whether life-sustaining treatment is withheld or withdrawn.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4650. The Legislature finds the following: (a) In recognition of the dignity and privacy a person has a right to expect, the law recognizes that an adult has the fundamental right to control the decisions relating to his or her own health care, including the decision to have life-sustaining treatment withheld or withdrawn. (b) Modern medical technology has made possible the artificial prolongation of human life beyond natural limits. In the interest of protecting individual autonomy, this prolongation of the process of dying for a person for whom continued health care does not improve the prognosis for recovery may violate patient dignity and cause unnecessary pain and suffering, while providing nothing medically necessary or beneficial to the person. (c) In the absence of controversy, a court is normally not the proper forum in which to make health care decisions, including decisions regarding life-sustaining treatment. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  76. 4651.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This division applies to health care decisions for adults who lack capacity, but it does not change an individual’s right to make such decisions while capable, or the laws for emergencies or unemancipated minors.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4651. (a) Except as otherwise provided, this division applies to health care decisions for adults who lack capacity to make health care decisions for themselves. (b) This division does not affect any of the following: (1) The right of an individual to make health care decisions while having the capacity to do so. (2) The law governing health care in an emergency. (3) The law governing health care for unemancipated minors. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  77. 4652.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This division does not authorize consent on behalf of a patient for commitment or placement in a mental health treatment facility, convulsive treatment, psychosurgery, sterilization, or abortion.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4652. This division does not authorize consent to any of the following on behalf of a patient: (a) Commitment to or placement in a mental health treatment facility. (b) Convulsive treatment (as defined in Section 5325 of the Welfare and Institutions Code). (c) Psychosurgery (as defined in Section 5325 of the Welfare and Institutions Code). (d) Sterilization. (e) Abortion. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  78. 4653.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section says the division must not be read to approve mercy killing, assisted suicide, or euthanasia.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4653. Nothing in this division shall be construed to condone, authorize, or approve mercy killing, assisted suicide, or euthanasia. This division is not intended to permit any affirmative or deliberate act or omission to end life other than withholding or withdrawing health care pursuant to an advance health care directive, by a surrogate, or as otherwise provided, so as to permit the natural process of dying. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  79. 4654.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section says the division cannot be used to make a health care provider or health care institution give care that conflicts with generally accepted health care standards.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4654. 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  80. 4655.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section says the division does not presume a patient’s intent from the absence or revocation of an advance health care directive, and a patient’s attempted suicide must not be treated as a sign that the patient wants health care restricted or blocked.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4655. (a) 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. (b) In making health care decisions under this division, a patient’s attempted suicide shall not be construed to indicate a desire of the patient that health care be restricted or inhibited. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  81. 4656.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If death results from health care being withheld or withdrawn under this division, it is not treated as suicide or homicide and does not invalidate related insurance or annuity death benefits.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4656. 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  82. 4657.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A patient is presumed to have capacity to make health care decisions, give or revoke an advance health care directive, and designate or disqualify a surrogate.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4657. 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  83. 4658.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    By default, the primary physician must decide whether a patient lacks or has regained capacity, or whether another condition affects a health care instruction or an agent’s or surrogate’s authority.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4658. Unless otherwise 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, shall be made by the primary physician. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  84. 4659.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    Certain health care providers, facility staff, and facility operators may not act as a patient’s health care decision-maker as agent or surrogate, with listed exceptions. A conservator under the Lanterman-Petris-Short Act also may not be designated unless several conditions are met.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4659. (a) Except as provided in subdivision (b), none of the following persons may make health care decisions as an agent under a power of attorney for health care or a surrogate under this division: (1) The supervising health care provider or an employee of the health care institution where the patient is receiving care. (2) An operator or employee of a community care facility or residential care facility where the patient is receiving care. (b) The prohibition in subdivision (a) does not apply to the following persons: (1) An employee, other than the supervising health care provider, who is related to the patient by blood, marriage, or adoption, or is a registered domestic partner of the patient. (2) An employee, other than the supervising health care provider, who is employed by the same health care institution, community care facility, or residential care facility for the elderly as the patient. (c) A conservator under the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code) may not be designated as an agent or surrogate to make health care decisions by the conservatee, unless all of the following are satisfied: (1) The advance health care directive is otherwise valid. (2) The conservatee is represented by legal counsel. (3) The lawyer representing the conservatee signs a certificate stating in substance: “I am a lawyer authorized to practice law in the state where this advance health care directive was executed, and the principal or patient was my client at the time this advance directive was executed. I have advised my client concerning his or her rights in connection with this advance directive and the applicable law and the consequences of signing or not signing this advance directive, and my client, after being so advised, has executed this advance directive.” (Amended by Stats. 2001, Ch. 230, Sec. 4. Effective January 1, 2002.)
  85. 4660.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A copy of certain health care decision documents has the same effect as the original.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. General Provisions [4650 - 4660] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4660. 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  86. 4665.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Transitional Provisions [4665- 4665.] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section says the division applies to advance health care directives and related proceedings starting July 1, 2000, with some court-based exceptions, and it does not disturb certain pre-July 1, 2000 valid directives.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 1. DEFINITIONS AND GENERAL [4600 - 4665] ( Part 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Transitional Provisions [4665- 4665.] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4665. Except as otherwise provided by statute: (a) On and after July 1, 2000, this division applies to all advance health care directives, including, but not limited to, durable powers of attorney for health care and declarations under the Natural Death Act (former Chapter 3.9 (commencing with Section 7185) of Part 1 of Division 7 of the Health and Safety Code), regardless of whether they were given or executed before, on, or after July 1, 2000. (b) This division applies to all proceedings concerning advance health care directives commenced on or after July 1, 2000. (c) This division applies to all proceedings concerning written advance health care directives commenced before July 1, 2000, unless the court determines that application of a particular provision of this division would substantially interfere with the effective conduct of the proceedings or the rights of the parties and other interested persons, in which case the particular provision of this division does not apply and prior law applies. (d) Nothing in this division affects the validity of an advance health care directive executed before July 1, 2000, that was valid under prior law. (e) Nothing in this division affects the validity of a durable power of attorney for health care executed on a printed form that was valid under prior law, regardless of whether execution occurred before, on, or after July 1, 2000. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  87. 4670.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    An adult with capacity may give an individual health care instruction, and it may be oral, written, or limited to take effect only if a specified condition arises.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4670. An adult having capacity may give an individual health care instruction. The individual instruction may be oral or written. The individual instruction may be limited to take effect only if a specified condition arises. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  88. 4671.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    An adult with capacity may sign a health care power of attorney, and the principal may give it authority over health care decisions and some personal care decisions.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4671. (a) An adult having capacity may execute a power of attorney for health care, as provided in Article 2 (commencing with Section 4680). The power of attorney for health care may authorize the agent to make health care decisions and may also include individual health care instructions. (b) The principal in a power of attorney for health care may grant authority to make decisions relating to the personal care of the principal, including, but not limited to, determining where the principal will live, providing meals, hiring household employees, providing transportation, handling mail, and arranging recreation and entertainment. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  89. 4672.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A written advance health care directive may include a nomination of a conservator or guardian for court consideration if later protective proceedings are started.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4672. (a) A written advance health care directive may include the individual’s nomination of a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration by the court if protective proceedings for the individual’s person or estate are thereafter commenced. (b) If the protective proceedings are conservatorship proceedings in this state, the nomination has the effect provided in Section 1810 and the court shall give effect to the most recent writing executed in accordance with Section 1810, whether or not the writing is a written advance health care directive. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  90. 4673.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A written advance health care directive is legally sufficient only if it is dated, signed as specified, and either notarized or witnessed as required. Electronic directives or powers of attorney for health care must meet the same base requirements, with notarization required and any digital signature meeting additional technical conditions.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4673. (a) A written advance health care directive is legally sufficient if all of the following requirements are satisfied: (1) The advance directive contains the date of its execution. (2) The advance directive is signed either by the patient or in the patient’s name by another adult in the patient’s presence and at the patient’s direction. (3) The advance directive is either acknowledged before a notary public or signed by at least two witnesses who satisfy the requirements of Sections 4674 and 4675. (b) An electronic advance health care directive or power of attorney for health care is legally sufficient if the requirements in subdivision (a) are satisfied, except that for the purposes of paragraph (3) of subdivision (a), an acknowledgment before a notary public shall be required, and if a digital signature is used, it meets all of the following requirements: (1) The digital signature either meets the requirements of Section 16.5 of the Government Code and Chapter 10 (commencing with Section 22000) of Division 7 of Title 2 of the California Code of Regulations or the digital signature uses an algorithm approved by the National Institute of Standards and Technology. (2) The digital signature is unique to the person using it. (3) The digital signature is capable of verification. (4) The digital signature is under the sole control of the person using it. (5) The digital signature is linked to data in such a manner that if the data are changed, the digital signature is invalidated. (6) The digital signature persists with the document and not by association in separate files. (7) The digital signature is bound to a digital certificate. (Amended by Stats. 2006, Ch. 579, Sec. 1. Effective September 28, 2006.)
  91. 4674.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If an advance health care directive is witnessed, the witnesses must be adults and follow specific witnessing and declaration rules, and certain people may not serve as witnesses.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4674. If the written advance health care directive is signed by witnesses, as provided in Section 4673, the following requirements shall be satisfied: (a) The witnesses shall be adults. (b) Each witness signing the advance directive shall witness either the signing of the advance directive by the patient or the patient’s acknowledgment of the signature or the advance directive. (c) None of the following persons may act as a witness: (1) The patient’s health care provider or an employee of the patient’s health care provider. (2) The operator or an employee of a community care facility. (3) The operator or an employee of a residential care facility for the elderly. (4) The agent, where the advance directive is a power of attorney for health care. (d) Each witness shall make the following declaration in substance: “I declare under penalty of perjury under the laws of California (1) that the individual who signed or acknowledged this advance health care directive is personally known to me, or that the individual’s identity was proven to me by convincing evidence, (2) that the individual signed or acknowledged this advance directive in my presence, (3) that the individual appears to be of sound mind and under no duress, fraud, or undue influence, (4) that I am not a person appointed as agent by this advance directive, and (5) that I am not the individual’s health care provider, an employee of the individual’s health care provider, the operator of a community care facility, an employee of an operator of a community care facility, the operator of a residential care facility for the elderly, nor an employee of an operator of a residential care facility for the elderly.” (e) At least one of the witnesses shall be an individual who is neither related to the patient by blood, marriage, or adoption, nor entitled to any portion of the patient’s estate upon the patient’s death under a will existing when the advance directive is executed or by operation of law then existing. (f) The witness satisfying the requirement of subdivision (e) shall also sign the following declaration in substance: “I further declare under penalty of perjury under the laws of California that I am not related to the individual executing this advance health care directive by blood, marriage, or adoption, and, to the best of my knowledge, I am not entitled to any part of the individual’s estate upon his or her death under a will now existing or by operation of law.” (g) The provisions of this section applicable to witnesses do not apply to a notary public before whom an advance health care directive is acknowledged. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  92. 4675.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A written advance health care directive signed while the person is a patient in a skilled nursing facility is not effective unless a patient advocate or ombudsman witnesses it.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4675. (a) If an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance directive is not effective unless a patient advocate or ombudsman, as may be designated by the Department of Aging for this purpose pursuant to any other applicable provision of law, signs the advance directive as a witness, either as one of two witnesses or in addition to notarization. The patient advocate or ombudsman shall declare that he or she is serving as a witness as required by this subdivision. It is the intent of this subdivision to recognize that some patients in skilled nursing facilities are insulated from a voluntary decisionmaking role, by virtue of the custodial nature of their care, so as to require special assurance that they are capable of willfully and voluntarily executing an advance directive. (b) A witness who is a patient advocate or ombudsman may rely on the representations of the administrators or staff of the skilled nursing facility, or of family members, as convincing evidence of the identity of the patient if the patient advocate or ombudsman believes that the representations provide a reasonable basis for determining the identity of the patient. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  93. 4676.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A physician or other health care provider may presume a written advance health care directive is valid unless they know otherwise.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4676. (a) A written advance health care directive or similar instrument executed in another state or jurisdiction in compliance with the laws of that state or jurisdiction or of this state, is valid and enforceable in this state to the same extent as a written advance directive validly executed in this state. (b) In the absence of knowledge to the contrary, a physician or other health care provider may presume that a written advance health care directive or similar instrument, whether executed in another state or jurisdiction or in this state, is valid. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  94. 4677.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    Certain health care and insurance providers may not require or bar an advance health care directive, or its revocation, as a condition of care, facility admission, or insurance.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4677. A health care provider, health care service plan, health care institution, disability insurer, self-insured employee welfare plan, or nonprofit hospital plan or a similar insurance plan may not require or prohibit the execution or revocation of an advance health care directive as a condition for providing health care, admission to a facility, or furnishing insurance. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  95. 4678.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A person authorized to make health care decisions for a patient has the same rights as the patient to access and authorize disclosure of health care information, unless the advance health care directive says otherwise.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4678. Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, copy, and consent to the disclosure of medical or any other health care information. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  96. 4679.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This chapter does not bar a person from executing a voluntary standalone psychiatric advance directive.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 1. General Provisions [4670 - 4679] ( Article 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4679. (a) (1) This chapter does not prohibit the execution of a voluntary standalone psychiatric advance directive. (2) As used in this chapter, “psychiatric advance directive” means a legal document, executed on a voluntary basis by a person who has the capacity to make medical decisions and in accordance with the requirements for an advance health care directive in this division, that allows a person with mental illness to protect their autonomy and ability to direct their own care by documenting their preferences for treatment in advance of a mental health crisis. (b) It is the intent of the Legislature to promote the use of a psychiatric advance directive, subject to the requirements of this division, by a person who wants to make sure their health care providers know their treatment preferences in the event of a future mental health crisis. (c) The Legislature finds and declares all of the following: (1) Research has demonstrated that the use of psychiatric advance directives improves collaboration, which improves outcomes, increases empowerment, and improves medication adherence. (2) A psychiatric advance directive is most helpful when it includes reasons for preferring or opposing specific types of treatment. (3) Mental health preferences that do not constitute health care instructions or decisions as defined in this part may provide valuable information to improve an individual’s mental health care. (Added by Stats. 2023, Ch. 171, Sec. 2. (AB 1029) Effective January 1, 2024.)
  97. 4680.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

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

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4680. A power of attorney for health care is legally sufficient if it satisfies the requirements of Section 4673. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  98. 4681.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The principal may limit how this division applies by a statement in the health care power of attorney or by adding an inconsistent rule, except where subdivision (b) blocks that limit.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  99. 4682.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    An agent’s authority under a health care power of attorney becomes effective only when the principal is determined to lack capacity, unless the document says otherwise, and it ends when the principal is determined to have regained capacity.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  100. 4683.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    An agent named in a health care power of attorney may make health care decisions for the principal, and may also make certain decisions after the principal’s death, subject to any limits in the document.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 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. (Amended by Stats. 2006, Ch. 249, Sec. 2. Effective January 1, 2007.)
  101. 4684.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    An agent must follow the principal’s known health care instructions and wishes when making health care decisions; if those are not known, the agent must decide based on the principal’s best interest.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  102. 4685.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A health care agent named in the power of attorney has priority to make health care decisions for the principal, unless the document says otherwise.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  103. 4686.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The agent’s authority under a health care power of attorney can still be exercised even if a lot of time has passed since it was signed, unless the document sets a termination time.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  104. 4687.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section says the division does not remove any separate right an agent under a health care power of attorney may already have to make or help make health care decisions for the principal.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  105. 4688.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If this division does not supply a rule for agents under powers of attorney, the law of agency applies.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4688. Where this division does not provide a rule governing agents under powers of attorney, the law of agency applies. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  106. 4689.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    An agent under a health care power of attorney may not make a health care decision if the principal objects.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 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. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  107. 4690.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If the principal is incapacitated or their capacity is in question, the agent may consult certain people and request needed information, and those people must disclose it.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 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. (Amended by Stats. 2007, Ch. 130, Sec. 196. Effective January 1, 2008.)
  108. 4691.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If the principal directs it in a power of attorney for health care, the attorney-in-fact must, after the principal dies, inform the people named by the principal for that purpose.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 2. Powers of Attorney for Health Care [4680 - 4691] ( Article 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4691. If directed by the principal in a power of attorney for health care, an attorney-in-fact shall, upon the death of the principal, inform those individuals whose names are provided by the principal to the attorney-in-fact for that purpose. (Added by Stats. 2015, Ch. 92, Sec. 4. (AB 1085) Effective January 1, 2016.)
  109. 4695.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 3. Revocation of Advance Directives [4695 - 4698] ( Article 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A patient with capacity may revoke an agent designation only by signed writing or by personally telling the supervising health care provider, and may revoke all or part of an advance health care directive at any time in any way that shows an intent to revoke.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 3. Revocation of Advance Directives [4695 - 4698] ( Article 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4695. (a) A patient having capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider. (b) A patient having capacity may revoke all or part of an advance health care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  110. 4696.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 3. Revocation of Advance Directives [4695 - 4698] ( Article 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If informed that an advance health care directive has been revoked, a health care provider, agent, conservator, or surrogate must promptly tell the supervising health care provider and any health care institution where the patient is receiving care.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 3. Revocation of Advance Directives [4695 - 4698] ( Article 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4696. A health care provider, agent, conservator, or surrogate who is informed of a revocation of an advance health care directive shall promptly communicate the fact of the revocation to the supervising health care provider and to any health care institution where the patient is receiving care. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  111. 4697.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 3. Revocation of Advance Directives [4695 - 4698] ( Article 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If a principal’s marriage to an agent ends or is annulled after a health care power of attorney is executed, the former spouse’s authority as agent is revoked. If the principal later remarries that agent, the authority is revived.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 3. Revocation of Advance Directives [4695 - 4698] ( Article 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4697. (a) If after executing a power of attorney for health care the principal’s marriage to the agent is dissolved or annulled, the principal’s designation of the former spouse as an agent to make health care decisions for the principal is revoked. (b) If the agent’s authority is revoked solely by subdivision (a), it is revived by the principal’s remarriage to the agent. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  112. 4698.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 3. Revocation of Advance Directives [4695 - 4698] ( Article 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If a new advance health care directive conflicts with an earlier one, it revokes the earlier directive for the part that conflicts.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. Advance Health Care Directives [4670 - 4698] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## ARTICLE 3. Revocation of Advance Directives [4695 - 4698] ( Article 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4698. An advance health care directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  113. 4700.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Advance Health Care Directive Forms [4700 - 4701] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    An individual may use the Section 4701 form to create an advance health care directive, but does not have to, and may complete or change any part of that form.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Advance Health Care Directive Forms [4700 - 4701] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4700. The form provided in Section 4701 may, but need not, be used to create an advance health care directive. The other sections of this division govern the effect of the form or any other writing used to create an advance health care directive. An individual may complete or modify all or any part of the form in Section 4701. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  114. 4701.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Advance Health Care Directive Forms [4700 - 4701] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section provides a statutory advance health care directive form that lets a person appoint a health care agent, give treatment instructions, and make organ-donation and physician-designation choices.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Advance Health Care Directive Forms [4700 - 4701] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4701. The statutory advance health care directive form is as follows: ## ADVANCE HEALTH CARE DIRECTIVE (California Probate Code Section 4701) Explanation You have the right to give instructions about your own physical and mental health care. You also have the right to name someone else to make those health care decisions for you. This form lets you do either or both of these things. It also lets you express your wishes regarding donation of organs and the designation of your primary physician. If you use this form, you may complete or modify all or any part of it. You are free to use a different form. Part 1 of this form is a power of attorney for health care. Part 1 lets you name another individual as agent to make health care decisions for you if you become incapable of making your own decisions or if you want someone else to make those decisions for you now even though you are still capable. You may also name an alternate agent to act for you if your first choice is not willing, able, or reasonably available to make decisions for you. (Your agent may not be an operator or employee of a community care facility or a residential care facility where you are receiving care, or your supervising health care provider or employee of the health care institution where you are receiving care, unless your agent is related to you or is a coworker.) Unless the form you sign limits the authority of your agent, your agent may make all health care decisions for you. This form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health care decisions that may have to be made. If you choose not to limit the authority of your agent, your agent will have the right to: (a) Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition. (b) Select or discharge health care providers and institutions. (c) For all physical and mental health care, approve or disapprove diagnostic tests, surgical procedures, and programs of medication. (d) Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation. (e) Donate your organs, tissues, and parts, authorize an autopsy, and direct disposition of remains. However, your agent will not be able to commit you to a mental health facility, or consent to convulsive treatment, psychosurgery, sterilization, or abortion for you. Part 2 of this form lets you give specific instructions about any aspect of your health care, whether or not you appoint an agent. Choices are provided for you to express your wishes regarding the provision, withholding, or withdrawal of treatment to keep you alive, as well as the provision of pain relief. Space is also provided for you to add to the choices you have made or for you to write out any additional wishes. If you are satisfied to allow your agent to determine what is best for you in making end-of-life decisions, you need not fill out Part 2 of this form. Part 3 of this form lets you express an intention to donate your bodily organs, tissues, and parts following your death. Part 4 of this form lets you designate a physician to have primary responsibility for your health care. After completing this form, sign and date the form at the end. The form shall be signed by two qualified witnesses or acknowledged before a notary public. Give a copy of the signed and completed form to your physician, to any other health care providers you may have, to any health care institution at which you are receiving care, and to any health care agents you have named. You should talk to the person you have named as agent to make sure that they understand your wishes and is willing to take the responsibility. You have the right to revoke this advance health care directive or replace this form at any time. * * * * * * * * * * * * * * * * PART 1 POWER OF ATTORNEY FOR HEALTH CARE (1.1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health care decisions for me: (name of individual you choose as agent) _____ (address) _____ (city) _____ (state) _____ (ZIP Code) (home phone) (work phone) OPTIONAL: If I revoke my agent’s authority or if my agent is not willing, able, or reasonably available to make a health care decision for me, I designate as my first alternate agent: (name of individual you choose as first alternate agent) _____ (address) _____ (city) _____ (state) _____ (ZIP Code) (home phone) (work phone) OPTIONAL: If I revoke the authority of my agent and first alternate agent or if neither is willing, able, or reasonably available to make a health care decision for me, I designate as my second alternate agent: (name of individual you choose as second alternate agent) _____ (address) _____ (city) _____ (state) _____ (ZIP Code) (home phone) (work phone) (1.2) AGENT’S AUTHORITY: My agent is authorized to make all physical and mental health care decisions for me, including decisions to provide, withhold, or withdraw artificial nutrition and hydration and all other forms of health care to keep me alive, except as I state here: (Add additional sheets if needed.) (1.3) WHEN AGENT’S AUTHORITY BECOMES EFFECTIVE: My agent’s authority becomes effective when my primary physician determines that I am unable to make my own health care decisions unless I mark the following box. If I mark this box ◻, my agent’s authority to make health care decisions for me takes effect immediately. (1.4) AGENT’S OBLIGATION: My agent shall make health care decisions for me in accordance with this power of attorney for health care, any instructions I give in Part 2 of this form, and my other wishes to the extent known to my agent. To the extent my wishes are unknown, my agent shall make health care decisions for me in accordance with what my agent determines to be in my best interest. In determining my best interest, my agent shall consider my personal values to the extent known to my agent. (1.5) AGENT’S POSTDEATH AUTHORITY: My agent is authorized to donate my organs, tissues, and parts, authorize an autopsy, and direct disposition of my remains, except as I state here or in Part 3 of this form: (Add additional sheets if needed.) (1.6) NOMINATION OF CONSERVATOR: If a conservator of my person needs to be appointed for me by a court, I nominate the agent designated in this form. If that agent is not willing, able, or reasonably available to act as conservator, I nominate the alternate agents whom I have named, in the order designated. PART 2 INSTRUCTIONS FOR HEALTH CARE If you fill out this part of the form, you may strike any wording you do not want. (2.1) END–OF–LIFE DECISIONS: I direct that my health care providers and others involved in my care provide, withhold, or withdraw treatment in accordance with the choice I have marked below: ◻(a) Choice Not To Prolong Life I do not want my life to be prolonged if (1) I have an incurable and irreversible condition that will result in my death within a relatively short time, (2) I become unconscious and, to a reasonable degree of medical certainty, I will not regain consciousness, or (3) the likely risks and burdens of treatment would outweigh the expected benefits, OR ◻(b) Choice To Prolong Life I want my life to be prolonged as long as possible within the limits of generally accepted health care standards. (2.2) RELIEF FROM PAIN: Except as I state in the following space, I direct that treatment for alleviation of pain or discomfort be provided at all times, even if it hastens my death: (Add additional sheets if needed.) WISHES FOR PHYSICAL AND MENTAL HEALTH CARE: (If you do not agree with any of the optional choices above and wish to write your own, or if you wish to add to the instructions you have given above, you may do so here.) I direct that: (Add additional sheets if needed.) PART 3 DONATION OF ORGANS, TISSUES, AND PARTS AT DEATH (OPTIONAL) (3.1) ◻ Upon my death, I give my organs, tissues, and parts (mark box to indicate yes). By checking the box above, and notwithstanding my choice in Part 2 of this form, I authorize my agent to consent to any temporary medical procedure necessary solely to evaluate and/or maintain my organs, tissues, and/or parts for purposes of donation. My donation is for the following purposes (strike any of the following you do not want): (a) Transplant (b) Therapy (c) Research (d) Education If you want to restrict your donation of an organ, tissue, or part in some way, please state your restriction on the following lines: If I leave this part blank, it is not a refusal to make a donation. My state-authorized donor registration should be followed, or, if none, my agent may make a donation upon my death. If no agent is named above, I acknowledge that California law permits an authorized individual to make such a decision on my behalf. (To state any limitation, preference, or instruction regarding donation, please use the lines above or in Section 1.5 of this form). PART 4 PRIMARY PHYSICIAN (OPTIONAL) (4.1) I designate the following physician as my primary physician: (name of physician) _____ (address) _____ (city) _____ (state) _____ (ZIP Code) (phone) OPTIONAL: If the physician I have designated above is not willing, able, or reasonably available to act as my primary physician, I designate the following physician as my primary physician: (name of physician) _____ (address) _____ (city) _____ (state) _____ (ZIP Code) (phone) * * * * * * * * * * * * * * * * PART 5 (5.1) EFFECT OF COPY: A copy of this form has the same effect as the original. (5.2) SIGNATURE: Sign and date the form here: (date) (sign your name) (address) (print your name) (city)(state) (5.3) STATEMENT OF WITNESSES: I declare under penalty of perjury under the laws of California (1) that the individual who signed or acknowledged this advance health care directive is personally known to me, or that the individual’s identity was proven to me by convincing evidence, (2) that the individual signed or acknowledged this advance directive in my presence, (3) that the individual appears to be of sound mind and under no duress, fraud, or undue influence, (4) that I am not a person appointed as agent by this advance directive, and (5) that I am not the individual’s health care provider, an employee of the individual’s health care provider, the operator of a community care facility, an employee of an operator of a community care facility, the operator of a residential care facility for the elderly, nor an employee of an operator of a residential care facility for the elderly. First witness Second witness (print name) (print name) (address) (address) (city)(state) (city)(state) (signature of witness) (signature of witness) (date) (date) (5.4) ADDITIONAL STATEMENT OF WITNESSES: At least one of the above witnesses must also sign the following declaration: I further declare under penalty of perjury under the laws of California that I am not related to the individual executing this advance health care directive by blood, marriage, or adoption, and, to the best of my knowledge, I am not entitled to any part of the individual’s estate upon their death under a will now existing or by operation of law. (signature of witness) (signature of witness) PART 6 SPECIAL WITNESS REQUIREMENT (6.1) The following statement is required only if you are a patient in a skilled nursing facility—a health care facility that provides the following basic services: skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. The patient advocate or ombudsman must sign the following statement: STATEMENT OF PATIENT ADVOCATE OR OMBUDSMAN I declare under penalty of perjury under the laws of California that I am a patient advocate or ombudsman as designated by the State Department of Aging and that I am serving as a witness as required by Section 4675 of the Probate Code. (date) (sign your name) (address) (print your name) (city)(state) (Amended by Stats. 2023, Ch. 171, Sec. 3. (AB 1029) Effective January 1, 2024.)
  115. 4711.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A patient may name an adult surrogate for health care decisions by telling the supervising provider or facility designee, and the designation must be recorded promptly.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4711. (a) A patient may designate an adult as a surrogate to make health care decisions by personally informing the supervising health care provider or a designee of the health care facility caring for the patient. The designation of a surrogate shall be promptly recorded in the patient’s health care record. (b) Unless the patient specifies a shorter period, a surrogate designation under subdivision (a) is effective only during the course of treatment or illness or during the stay in the health care institution when the surrogate designation is made, or for 60 days, whichever period is shorter. (c) The expiration of a surrogate designation under subdivision (b) does not affect any role the person designated under subdivision (a) may have in making health care decisions for the patient under any other law or standards of practice. (d) Notwithstanding Section 4685, if the patient has designated an agent under a power of attorney for health care, the surrogate designated under subdivision (a) has priority over the agent for the period provided in subdivision (b), but the designation of a surrogate does not revoke the designation of an agent unless the patient communicates the intention to revoke in compliance with subdivision (a) of Section 4695. (Amended by Stats. 2022, Ch. 782, Sec. 1. (AB 2338) Effective January 1, 2023.)
  116. 4712.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If a patient lacks capacity, priority health care decisionmakers may act for the patient, and if none exists, a provider or facility designee may choose a surrogate.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4712. (a) If a patient lacks the capacity to make a health care decision, the following legally recognized health care decisionmakers may make health care decisions on the patient’s behalf, in the following descending order of priority: (1) The patient’s surrogate selected pursuant to Section 4711. (2) The patient’s agent pursuant to an advance health care directive or a power of attorney for health care. (3) The conservator or guardian of the patient having the authority to make health care decisions for the patient. (b) Except as set forth in Section 4715, if a patient lacks the capacity to make a health care decision, but does not have a legally recognized health care decisionmaker pursuant to subdivision (a), a health care provider or a designee of the health care facility caring for the patient may choose a surrogate to make health care decisions on the patient’s behalf, as appropriate in the given situation. The patient’s surrogate shall be an adult who has demonstrated special care and concern for the patient, is familiar with the patient’s personal values and beliefs to the extent known, and is reasonably available and willing to serve. A surrogate may be chosen from any of the following persons: (1) The spouse or domestic partner of the patient. (2) An adult child of the patient. (3) A parent of the patient. (4) An adult sibling of the patient. (5) An adult grandchild of the patient. (6) An adult relative or close personal friend. (Added by Stats. 2022, Ch. 782, Sec. 2. (AB 2338) Effective January 1, 2023.)
  117. 4714.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A surrogate must follow the patient’s known instructions and wishes when making health care decisions, and otherwise decide based on the patient’s best interest.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4714. A surrogate, including a person acting as a surrogate, shall make a health care decision in accordance with the patient’s individual health care instructions, if any, and other wishes to the extent known to the surrogate. Otherwise, the surrogate shall make the decision in accordance with the surrogate’s determination of the patient’s best interest. In determining the patient’s best interest, the surrogate shall consider the patient’s personal values to the extent known to the surrogate. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  118. 4715.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A patient who has capacity may disqualify another person from acting as the patient’s surrogate.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4715. A patient having capacity at any time may disqualify another person, including a member of the patient’s family, from acting as the patient’s surrogate by a signed writing or by personally informing the supervising health care provider of the disqualification. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  119. 4716.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If a patient lacks capacity, the patient’s domestic partner has the same authority as a spouse to make health care decisions for the incapacitated spouse.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4716. (a) If a patient lacks the capacity to make a health care decision, the patient’s domestic partner shall have the same authority as a spouse has to make a health care decision for his or her incapacitated spouse. This section may not be construed to expand or restrict the ability of a spouse to make a health care decision for an incapacitated spouse. (b) For the purposes of this section, the following definitions shall apply: (1) “Capacity” has the same meaning as defined in Section 4609. (2) “Health care” has the same meaning as defined in Section 4615. (3) “Health care decision” has the same meaning as defined in Section 4617. (4) “Domestic partner” has the same meaning as that term is used in Section 297 of the Family Code. (Added by Stats. 2001, Ch. 893, Sec. 49. Effective January 1, 2002.)
  120. 4717.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A hospital must, within 24 hours, try to contact a patient’s agent, surrogate, or other person believed to have authority to make health care decisions, and must record those efforts in the patient’s medical record.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Health Care Surrogates [4711 - 4717] ( Chapter 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4717. (a) Notwithstanding any other provision of law, within 24 hours of the arrival in the emergency department of a general acute care hospital of a patient who is unconscious or otherwise incapable of communication, the hospital shall make reasonable efforts to contact the patient’s agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient. A hospital shall be deemed to have made reasonable efforts, and to have discharged its duty under this section, if it does all of the following: (1) Examines the personal effects, if any, accompanying the patient and any medical records regarding the patient in its possession, and reviews any verbal or written report made by emergency medical technicians or the police, to identify the name of any agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient. (2) Contacts or attempts to contact any agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient, as identified in paragraph (1). (3) Contacts the Secretary of State directly or indirectly, including by voice mail or facsimile, to inquire whether the patient has registered an advance health care directive with the Advance Health Care Directive Registry, if the hospital finds evidence of the patient’s Advance Health Care Directive Registry identification card either from the patient or from the patient’s family or authorized agent. (b) The hospital shall document in the patient’s medical record all efforts made to contact any agent, surrogate, or a family member or other person the hospital reasonably believes has the authority to make health care decisions on behalf of the patient. (c) Application of this section shall be suspended during any period in which the hospital implements its disaster and mass casualty program, or its fire and internal disaster program. (Added by renumbering Section 4716 (as added by Stats. 2001, Ch. 329) by Stats. 2004, Ch. 882, Sec. 2. Effective January 1, 2005.)
  121. 4730.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A supervising health care provider must, if possible, promptly tell the patient the decision made and who made it before carrying out the health care decision.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4730. Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  122. 4731.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A supervising health care provider must record certain advance-care documents or surrogate decisions in the patient’s record, request a copy if the document is written, keep a furnished copy in the record, and make a reasonable effort to notify the agent or surrogate about a revocation or disqualification.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4731. (a) A supervising health care provider who knows of the existence of an advance health care directive, a revocation of an advance health care directive, or a designation or disqualification of a surrogate, shall promptly record its existence in the patient’s health care record and, if it is in writing, shall request a copy. If a copy is furnished, the supervising health care provider shall arrange for its maintenance in the patient’s health care record. (b) A supervising health care provider who knows of a revocation of a power of attorney for health care or a disqualification of a surrogate shall make a reasonable effort to notify the agent or surrogate of the revocation or disqualification. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  123. 4732.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A primary physician must promptly record certain capacity-related determinations in the patient’s health care record and, if possible, tell the patient and the person authorized to make health care decisions.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4732. A primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists affecting an individual health care instruction or the authority of an agent, conservator of the person, or surrogate, shall promptly record the determination in the patient’s health care record and communicate the determination to the patient, if possible, and to a person then authorized to make health care decisions for the patient. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  124. 4733.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    Health care providers and health care institutions must follow a patient’s health care instructions and authorized health care decisions, except as provided in Sections 4734 and 4735.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4733. Except as provided in Sections 4734 and 4735, a health care provider or health care institution providing care to a patient shall do the following: (a) Comply with an individual health care instruction of the patient and with a reasonable interpretation of that instruction made by a person then authorized to make health care decisions for the patient. (b) Comply with a health care decision for the patient made by a person then authorized to make health care decisions for the patient to the same extent as if the decision had been made by the patient while having capacity. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  125. 4734.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A health care provider or institution may refuse to comply with an individual health care instruction or decision for conscience-based reasons, subject to the institution-policy and notice conditions stated for institutions.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4734. (a) A health care provider may decline to comply with an individual health care instruction or health care decision for reasons of conscience. (b) A health care institution may decline to comply with an individual health care instruction or health care decision if the instruction or decision is contrary to a policy of the institution that is expressly based on reasons of conscience and if the policy was timely communicated to the patient or to a person then authorized to make health care decisions for the patient. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  126. 4735.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A health care provider or institution may refuse to follow an individual health care instruction or decision if it requires medically ineffective care or care that conflicts with generally accepted standards.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4735. A health care provider or health care institution may decline to comply with an individual health care instruction or health care decision that requires medically ineffective health care or health care contrary to generally accepted health care standards applicable to the health care provider or institution. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  127. 4736.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    If a health care provider or institution declines to follow an individual health care instruction or decision, it must promptly notify the patient and authorized decision-maker, help transfer the patient if assistance is not refused, and keep providing care and palliative relief until transfer is possible or not possible.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 4. Duties of Health Care Providers [4730 - 4736] ( Chapter 4 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4736. A health care provider or health care institution that declines to comply with an individual health care instruction or health care decision shall do all of the following: (a) Promptly so inform the patient, if possible, and any person then authorized to make health care decisions for the patient. (b) Unless the patient or person then authorized to make health care decisions for the patient refuses assistance, immediately make all reasonable efforts to assist in the transfer of the patient to another health care provider or institution that is willing to comply with the instruction or decision. (c) Provide continuing care to the patient until a transfer can be accomplished or until it appears that a transfer cannot be accomplished. In all cases, appropriate pain relief and other palliative care shall be continued. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  128. 4740.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 5. Immunities and Liabilities [4740 - 4743] ( Chapter 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    Health care providers and institutions are immune from civil or criminal liability and professional discipline for actions taken in compliance with this division if they act in good faith and follow generally accepted standards.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 5. Immunities and Liabilities [4740 - 4743] ( Chapter 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4740. A health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for any actions in compliance with this division, including, but not limited to, any of the following conduct: (a) Complying with a health care decision of a person that the health care provider or health care institution believes in good faith has the authority to make a health care decision for a patient, including a decision to withhold or withdraw health care. (b) Declining to comply with a health care decision of a person based on a belief that the person then lacked authority. (c) Complying with an advance health care directive and assuming that the directive was valid when made and has not been revoked or terminated. (d) Declining to comply with an individual health care instruction or health care decision, in accordance with Sections 4734 to 4736, inclusive. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  129. 4741.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 5. Immunities and Liabilities [4740 - 4743] ( Chapter 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A person acting as an agent or surrogate under this part is exempt from civil or criminal liability and from discipline for unprofessional conduct when making health care decisions in good faith.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 5. Immunities and Liabilities [4740 - 4743] ( Chapter 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4741. A person acting as agent or surrogate under this part is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  130. 4742.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 5. Immunities and Liabilities [4740 - 4743] ( Chapter 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A health care provider, health care institution, or other person who intentionally interferes with an advance health care directive or coerces an individual about one may be liable for damages and attorney’s fees.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 5. Immunities and Liabilities [4740 - 4743] ( Chapter 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4742. (a) A health care provider or health care institution that intentionally violates this part is subject to liability to the aggrieved individual for damages of two thousand five hundred dollars ($2,500) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s fees. (b) A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual’s advance health care directive or a revocation of an advance health care directive without the individual’s consent, or who coerces or fraudulently induces an individual to give, revoke, or not to give an advance health care directive, is subject to liability to that individual for damages of ten thousand dollars ($10,000) or actual damages resulting from the action, whichever is greater, plus reasonable attorney’s fees. (c) The damages provided in this section are cumulative and not exclusive of any other remedies provided by law. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  131. 4743.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 5. Immunities and Liabilities [4740 - 4743] ( Chapter 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A person who forges or alters another person’s written advance health care directive, or hides a revocation of one, with the intent to cause life-sustaining care to be withheld or withdrawn against the patient’s wishes, can be prosecuted for unlawful homicide.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 2. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 5. Immunities and Liabilities [4740 - 4743] ( Chapter 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4743. Any person who alters or forges a written advance health care directive of another, or willfully conceals or withholds personal knowledge of a revocation of an advance directive, with the intent to cause a withholding or withdrawal of health care necessary to keep the patient alive contrary to the desires of the patient, and thereby directly causes health care necessary to keep the patient alive to be withheld or withdrawn and the death of the patient thereby to be hastened, is subject to prosecution for unlawful homicide as provided in Chapter 1 (commencing with Section 187) of Title 8 of Part 1 of the Penal Code. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  132. 4750.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    Subject to this division, an advance health care directive and certain health care decisions made by an agent or surrogate are effective without judicial intervention or approval.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4750. Subject to this division: (a) An advance health care directive is effective and exercisable free of judicial intervention. (b) A health care decision made by an agent for a principal is effective without judicial approval. (c) A health care decision made by a surrogate for a patient is effective without judicial approval. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  133. 4751.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The remedies in this part can be used along with other legal remedies; they are not the only remedies available.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4751. The remedies provided in this part are cumulative and not exclusive of any other remedies provided by law. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  134. 4752.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    Except for Section 4753, this part cannot be limited by an advance health care directive.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4752. Except as provided in Section 4753, this part is not subject to limitation in an advance health care directive. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  135. 4753.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    An advance health care directive may block certain court petitions only if the directive was made with a lawyer’s advice and the lawyer signs the required certificate. It may not cut off the conservator’s or agent’s authority to petition in the situations listed here.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4753. (a) Subject to subdivision (b), an advance health care directive may expressly eliminate the authority of a person listed in Section 4765 to petition the court for any one or more of the purposes enumerated in Section 4766, if both of the following requirements are satisfied: (1) The advance directive is executed by an individual having the advice of a lawyer authorized to practice law in the state where the advance directive is executed. (2) The individual’s lawyer signs a certificate stating in substance: “I am a lawyer authorized to practice law in the state where this advance health care directive was executed, and __________ [insert name] was my client at the time this advance directive was executed. I have advised my client concerning his or her rights in connection with this advance directive and the applicable law and the consequences of signing or not signing this advance directive, and my client, after being so advised, has executed this advance directive.” (b) An advance health care directive may not limit the authority of the following persons to petition under this part: (1) The conservator of the person, with respect to a petition relating to an advance directive, for a purpose specified in subdivision (b) or (d) of Section 4766. (2) The agent, with respect to a petition relating to a power of attorney for health care, for a purpose specified in subdivision (b) or (c) of Section 4766. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  136. 4754.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    There is no right to a jury trial in proceedings under this division.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4754. There is no right to a jury trial in proceedings under this division. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  137. 4755.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    Division 3’s general provisions apply to proceedings under this division, unless this division provides otherwise.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 1. General Provisions [4750 - 4755] ( Chapter 1 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4755. Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  138. 4760.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Jurisdiction and Venue [4760 - 4763] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The superior court has jurisdiction over proceedings under this division, and the court or a judge has the same power and authority as otherwise provided by law for a superior court or judge.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Jurisdiction and Venue [4760 - 4763] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4760. (a) The superior court has jurisdiction in proceedings under this division. (b) The court in proceedings under this division is a court of general jurisdiction and the court, or a judge of the court, has the same power and authority with respect to the proceedings as otherwise provided by law for a superior court, or a judge of the superior court, including, but not limited to, the matters authorized by Section 128 of the Code of Civil Procedure. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  139. 4761.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Jurisdiction and Venue [4760 - 4763] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The court may exercise jurisdiction in proceedings under this division if the basis is permitted by Section 410.10 of the Code of Civil Procedure.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Jurisdiction and Venue [4760 - 4763] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4761. The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  140. 4762.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Jurisdiction and Venue [4760 - 4763] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    A health care agent or surrogate is subject to personal jurisdiction in this state for matters tied to acts or transactions done in the state or affecting a patient in the state.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Jurisdiction and Venue [4760 - 4763] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4762. Without limiting Section 4761, a person who acts as an agent under a power of attorney for health care or as a surrogate under this division is subject to personal jurisdiction in this state with respect to matters relating to acts and transactions of the agent or surrogate performed in this state or affecting a patient in this state. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  141. 4763.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Jurisdiction and Venue [4760 - 4763] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    For a proceeding under this division, the proper county for starting the case is determined in a set order: first the patient’s county of residence, then the agent’s or surrogate’s county of residence, and then any other county that is in the patient’s best interest.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 2. Jurisdiction and Venue [4760 - 4763] ( Chapter 2 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4763. The proper county for commencement of a proceeding under this division shall be determined in the following order of priority: (a) The county in which the patient resides. (b) The county in which the agent or surrogate resides. (c) Any other county that is in the patient’s best interest. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  142. 4765.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. )

    Verify source ↗

    Subject to Section 4753, certain people may file a petition under this part, including the patient, close family or representatives, specified county officials, and care providers.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. ) ## 4765. Subject to Section 4753, a petition may be filed under this part by any of the following persons: (a) The patient. (b) The patient’s spouse, unless legally separated. (c) A relative of the patient. (d) The patient’s agent or surrogate. (e) The conservator of the person of the patient. (f) The court investigator, described in Section 1454, of the county where the patient resides. (g) The public guardian of the county where the patient resides. (h) The supervising health care provider or health care institution involved with the patient’s care. (i) Any other interested person or friend of the patient. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  143. 4766.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. )

    Verify source ↗

    This section lists the kinds of court orders a petition may seek about a patient’s capacity, advance health care directives, agent or surrogate conduct, termination of authority, and enforcing health care instructions.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. ) ## 4766. A petition may be filed under this part for any one or more of the following purposes: (a) Determining whether or not the patient has capacity to make health care decisions. (b) Determining whether an advance health care directive is in effect or has terminated. (c) Determining whether the acts or proposed acts of an agent or surrogate are consistent with the patient’s desires as expressed in an advance health care directive or otherwise made known to the court or, where the patient’s desires are unknown or unclear, whether the acts or proposed acts of the agent or surrogate are in the patient’s best interest. (d) Declaring that the authority of an agent or surrogate is terminated, upon a determination by the court that the agent or surrogate has made a health care decision for the patient that authorized anything illegal or upon a determination by the court of both of the following: (1) The agent or surrogate has violated, has failed to perform, or is unfit to perform, the duty under an advance health care directive to act consistent with the patient’s desires or, where the patient’s desires are unknown or unclear, is acting (by action or inaction) in a manner that is clearly contrary to the patient’s best interest. (2) At the time of the determination by the court, the patient lacks the capacity to execute or to revoke an advance health care directive or disqualify a surrogate. (e) Compelling a third person to honor individual health care instructions or the authority of an agent or surrogate. (Amended by Stats. 2001, Ch. 230, Sec. 7. Effective January 1, 2002.)
  144. 4767.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. )

    Verify source ↗

    A proceeding under this part starts when a petition is filed with facts showing the petition is authorized, the grounds for it, and, if known, the terms of any advance health care directive involved.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. ) ## 4767. A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of the petition, and, if known to the petitioner, the terms of any advance health care directive in question. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  145. 4768.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. )

    Verify source ↗

    The court may dismiss a petition if the proceeding is not reasonably necessary to protect the patient’s interests, and must stay or dismiss the proceeding when Section 410.30 of the Code of Civil Procedure requires it.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. ) ## 4768. The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the patient and shall stay or dismiss the proceeding in whole or in part when required by Section 410.30 of the Code of Civil Procedure. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  146. 4769.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. )

    Verify source ↗

    The petitioner must serve notice of the hearing and a copy of the petition at least 15 days before the hearing, with specific service rules for the agent or surrogate, the patient, and certain petitions against a third person.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. ) ## 4769. (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing, together with a copy of the petition, on the following: (1) The agent or surrogate, if not the petitioner. (2) The patient, if not the petitioner. (b) In the case of a petition to compel a third person to honor individual health care instructions or the authority of an agent or surrogate, notice of the time and place of the hearing, together with a copy of the petition, shall be served on the third person in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2001, Ch. 230, Sec. 8. Effective January 1, 2002.)
  147. 4770.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. )

    Verify source ↗

    The court may issue a temporary order about a patient’s health care if there is good cause.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. ) ## 4770. The court in its discretion, on a showing of good cause, may issue a temporary order prescribing the health care of the patient until the disposition of the petition filed under Section 4766. If a power of attorney for health care is in effect and a conservator (including a temporary conservator) of the person is appointed for the principal, the court that appoints the conservator in its discretion, on a showing of good cause, may issue a temporary order prescribing the health care of the principal, the order to continue in effect for the period ordered by the court but in no case longer than the period necessary to permit the filing and determination of a petition filed under Section 4766. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  148. 4771.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. )

    Verify source ↗

    The court may award reasonable attorney’s fees in certain health care directive proceedings.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 3. JUDICIAL PROCEEDINGS [4750 - 4771] ( Part 3 added by Stats. 1999, Ch. 658, Sec. 39. ) ## CHAPTER 3. Petitions and Orders [4765 - 4771] ( Heading of Chapter 3 amended by Stats. 2001, Ch. 230, Sec. 6. ) ## 4771. In a proceeding under this part commenced by the filing of a petition by a person other than the agent or surrogate, the court may in its discretion award reasonable attorney’s fees to one of the following: (a) The agent or surrogate, if the court determines that the proceeding was commenced without any reasonable cause. (b) The person commencing the proceeding, if the court determines that the agent or surrogate has clearly violated the duties under the advance health care directive. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  149. 48.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “interested person” and says the term includes several listed people and may vary depending on the proceeding.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 48. (a) Subject to subdivision (b), “interested person” includes any of the following: (1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding. (2) Any person having priority for appointment as personal representative. (3) A fiduciary representing an interested person. (b) The meaning of “interested person” as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, any proceeding. (Enacted by Stats. 1990, Ch. 79.)
  150. 4800.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The Secretary of State must run an advance health care directive registry, answer certain hospital requests quickly, issue registry cards, transmit registry information on request, and charge fees capped at actual registry costs.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4800. (a) The Secretary of State shall establish a registry system through which a person who has executed a written advance health care directive may register in a central information center, information regarding the advance directive, making that information available upon request to any health care provider, the public guardian, or the legal representative of the registrant. A request for information pursuant to this section shall state the need for the information. (b) The Secretary of State shall respond by the close of business on the next business day to a request for information made pursuant to Section 4717 by the emergency department of a general acute care hospital. (c) Information that may be received is limited to the registrant’s name, social security number, driver’s license number, or other individual identifying number established by law, if any, address, date and place of birth, the registrant’s advance health care directive, an intended place of deposit or safekeeping of a written advance health care directive, and the name and telephone number of the agent and any alternative agent. Information that may be released upon request may not include the registrant’s social security number except when necessary to verify the identity of the registrant. (d) When the Secretary of State receives information from a registrant, the secretary shall issue the registrant an Advance Health Care Directive Registry identification card indicating that an advance health care directive, or information regarding an advance health care directive, has been deposited with the registry. Costs associated with issuance of the card shall be offset by the fee charged by the Secretary of State to receive and register information at the registry. (e) The Secretary of State, at the request of the registrant or his or her legal representative, shall transmit the information received regarding the written advance health care directive to the registry system of another jurisdiction as identified by the registrant, or his or her legal representative. (f) The Secretary of State shall charge a fee to each registrant in an amount such that, when all fees charged to registrants are aggregated, the aggregated fees do not exceed the actual cost of establishing and maintaining the registry. (Amended by Stats. 2004, Ch. 882, Sec. 3. Effective January 1, 2005.)
  151. 4801.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The Secretary of State must set procedures to verify the identities of health care providers, the public guardian, and other authorized persons who request information under Section 4800.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4801. The Secretary of State shall establish procedures to verify the identities of health care providers, the public guardian, and other authorized persons requesting information pursuant to Section 4800. No fee shall be charged to any health care provider, the public guardian, or other authorized person requesting information pursuant to Section 4800. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  152. 4802.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The Secretary of State must set up procedures to notify registrants about the registry rules. A health care provider may not honor a written advance health care directive until it gets a copy from the registrant. Registrants must notify the registry if they revoke the directive and must reregister if they later execute a new advance directive.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4802. The Secretary of State shall establish procedures to advise each registrant of the following: (a) A health care provider may not honor a written advance health care directive until it receives a copy from the registrant. (b) Each registrant must notify the registry upon revocation of the advance directive. (c) Each registrant must reregister upon execution of a subsequent advance directive. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  153. 4803.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    Not registering an advance health care directive with the Secretary of State does not make the directive invalid.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4803. Failure to register with the Secretary of State does not affect the validity of any advance health care directive. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  154. 4804.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    Registering an advance health care directive with the Secretary of State does not stop the registrant from revoking it, and it does not make any directive or revocation automatically more valid than another.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4804. Registration with the Secretary of State does not affect the ability of the registrant to revoke the registrant’s advance health care directive or a later executed advance directive, nor does registration raise any presumption of validity or superiority among any competing advance directives or revocations. (Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
  155. 4805.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    This section says the part does not change a health care provider’s duty to give a patient information about advance health care directives under federal law.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4805. Nothing in this part shall be construed to affect the duty of a health care provider to provide information to a patient regarding advance health care directives pursuant to any provision of federal law. (Amended by Stats. 2004, Ch. 882, Sec. 4. Effective January 1, 2005.)
  156. 4806.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. )

    Verify source ↗

    The Secretary of State must work with health and legal offices to develop end-of-life and advance directive information, and related links must be posted on several government Web sites.

    ## Probate Code - PROB ## DIVISION 4.7. HEALTH CARE DECISIONS [4600 - 4806] ( Division 4.7 added by Stats. 1999, Ch. 658, Sec. 39. ) ## PART 5. ADVANCE HEALTH CARE DIRECTIVE REGISTRY [4800 - 4806] ( Part 5 added by Stats. 1999, Ch. 658, Sec. 39. ) ## 4806. (a) The Secretary of State shall work with the State Department of Health Services and the office of the Attorney General to develop information about end of life care, advance health care directives, and registration of the advance health care directives at the registry established pursuant to subdivision (a) of Section 4800. This information shall be developed utilizing existing information developed by the office of the Attorney General. (b) Links to the information specified in subdivision (a) and to the registry shall be available on the Web sites of the Secretary of State, the State Department of Health Services, the office of the Attorney General, the Department of Managed Health Care, the Department of Insurance, the Board of Registered Nursing, and the Medical Board of California. (Added by Stats. 2005, Ch. 434, Sec. 3. Effective January 1, 2006.)
  157. 5.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    If this code requires a notice or other communication to be mailed by registered mail, sending it by certified mail is treated as sufficient compliance.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 1 PRELIMINARY PROVISIONS [1. - 13] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## 5. If a notice or other communication is required by this code to be mailed by registered mail, the mailing of the notice or other communication by certified mail is deemed to be sufficient compliance with the requirement. (Enacted by Stats. 1990, Ch. 79.)
  158. 50.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “issue” as a person’s lineal descendants through all generations.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 50. “Issue” of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent. (Enacted by Stats. 1990, Ch. 79.)
  159. 5000.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [5000 - 5003] ( Heading of Chapter 1 added by Stats. 1992, Ch. 51, Sec. 3. )

    Verify source ↗

    A nonprobate transfer provision in certain written instruments is not invalid just because the instrument does not meet will-execution requirements.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [5000 - 5003] ( Heading of Chapter 1 added by Stats. 1992, Ch. 51, Sec. 3. ) ## 5000. (a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, revocable transfer on death deed, marital property agreement, or other written instrument of a similar nature is not invalid because the instrument does not comply with the requirements for execution of a will, and this code does not invalidate the instrument. (b) Included within subdivision (a) are the following: (1) A written provision that moneys or other benefits due to, controlled by, or owned by a decedent before death shall be paid after the decedent’s death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later. (2) A written provision that moneys due or to become due under the instrument shall cease to be payable in the event of the death of the promisee or the promisor before payment or demand. (3) A written provision that any property controlled by or owned by the decedent before death that is the subject of the instrument shall pass to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later. (c) Nothing in this section limits the rights of creditors under any other law. (Amended by Stats. 2015, Ch. 293, Sec. 8. (AB 139) Effective January 1, 2016.)
  160. 5002.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [5000 - 5003] ( Heading of Chapter 1 added by Stats. 1992, Ch. 51, Sec. 3. )

    Verify source ↗

    A property holder covered by Section 5000 is not required to follow a nonprobate transfer-on-death provision if the person making the provision lacked authority under the instrument or the provision does not satisfy the instrument’s terms.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [5000 - 5003] ( Heading of Chapter 1 added by Stats. 1992, Ch. 51, Sec. 3. ) ## 5002. Notwithstanding any other provision of this part, a holder of property under an instrument of a type described in Section 5000 is not required to receive, hold, or transfer the property in compliance with a provision for a nonprobate transfer on death executed by a person who has an interest in the property if either (1) the person is not authorized by the terms of the instrument to execute a provision for transfer of the property, or (2) the provision for transfer of the property does not otherwise satisfy the terms of the instrument. (Added by Stats. 1992, Ch. 51, Sec. 4. Effective January 1, 1993.)
  161. 5003.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [5000 - 5003] ( Heading of Chapter 1 added by Stats. 1992, Ch. 51, Sec. 3. )

    Verify source ↗

    A property holder covered by Section 5000 may transfer property under a valid nonprobate transfer-on-death provision. A person may not serve adverse-interest notice in bad faith, and a court must award costs, attorney’s fees, and damages if bad faith is found.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. General Provisions [5000 - 5003] ( Heading of Chapter 1 added by Stats. 1992, Ch. 51, Sec. 3. ) ## 5003. (a) A holder of property under an instrument of a type described in Section 5000 may transfer the property in compliance with a provision for a nonprobate transfer on death that satisfies the terms of the instrument, whether or not the transfer is consistent with the beneficial ownership of the property as between the person who executed the provision for transfer of the property and other persons having an interest in the property or their successors, and whether or not the transfer is consistent with the rights of the person named as beneficiary. (b) Except as provided in this subdivision, no notice or other information shown to have been available to the holder of the property affects the right of the holder to the protection provided by subdivision (a). The protection provided by subdivision (a) does not extend to a transfer made after either of the following events: (1) The holder of the property has been served with a contrary court order. (2) The holder of the property has been served with a written notice of a person claiming an adverse interest in the property. However, this paragraph does not apply to a pension plan to the extent the transfer is a periodic payment pursuant to the plan. (c) The protection provided by this section does not affect the rights of the person who executed the provision for transfer of the property and other persons having an interest in the property or their successors in disputes among themselves concerning the beneficial ownership of the property. (d) The protection provided by this section is not exclusive of any protection provided the holder of the property by any other provision of law. (e) A person shall not serve notice under paragraph (2) of subdivision (b) in bad faith. If the court in an action or proceeding relating to the rights of the parties determines that a person has served notice under paragraph (2) of subdivision (b) in bad faith, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the service. (Amended by Stats. 2001, Ch. 417, Sec. 7. Effective January 1, 2002.)
  162. 5010.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    In this chapter, “written consent” includes a written joinder for a nonprobate transfer of community property on death.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5010. As used in this chapter, “written consent” to a provision for a nonprobate transfer of community property on death includes a written joinder in such a provision. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
  163. 5011.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    The parties’ rights in a nonprobate transfer of community property on death are controlled by the instrument, any contrary applicable state statute, and any written expression of intent.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5011. Notwithstanding any other provision of this part, the rights of the parties in a nonprobate transfer of community property on death are subject to all of the following: (a) The terms of the instrument under which the nonprobate transfer is made. (b) A contrary state statute specifically applicable to the instrument under which the nonprobate transfer is made. (c) A written expression of intent of a party in the provision for transfer of the property or in a written consent to the provision. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
  164. 5012.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    This section limits how chapter provisions about spousal community property rights apply, and says they do not change a holder’s duty to follow a nonprobate-transfer-on-death instrument or the protection given by Section 5003.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5012. A provision of this chapter concerning rights between a married person and the person’s spouse in community property is relevant only to controversies between the person and spouse and their successors and does not affect the obligation of a holder of community property under an instrument of a type described in Section 5000 to hold, receive, or transfer the property in compliance with a provision for a nonprobate transfer on death, or the protection provided the holder by Section 5003. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
  165. 5013.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    This section says Chapter 2 does not limit the effect of a surviving spouse’s waiver of rights in community property, or another instrument or agreement affecting a married person’s interest in community property.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5013. Nothing in this chapter limits the effect of a surviving spouse’s waiver of rights in community property under Chapter 1 (commencing with Section 140) of Part 3 of Division 2 or other instrument or agreement that affects a married person’s interest in community property. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
  166. 5014.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    This section says the chapter applies to nonprobate transfers of community property when a married person dies, subject to one exception.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5014. (a) Except as provided in subdivision (b), this chapter applies to a provision for a nonprobate transfer of community property on the death of a married person, regardless of whether the provision for transfer of the property was executed by the person, or written consent to the provision for transfer of the property was given by the person’s spouse, before, on, or after January 1, 1993. (b) Subdivision (c) of Section 5030 does not apply, and the applicable law in effect on the date of death does apply, to revocation of a written consent given by a spouse who died before January 1, 1993. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
  167. 5015.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    This section says the chapter does not stop fraud, undue influence, duress, mistake, or other invalidating-cause principles from applying to a written consent for a nonprobate transfer of community property on death.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 1. General Provisions [5010 - 5015] ( Article 1 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5015. Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mistake, or other invalidating cause to a written consent to a provision for a nonprobate transfer of community property on death. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
  168. 5020.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 2. Consent to Nonprobate Transfer [5020 - 5023] ( Article 2 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    A married person’s nonprobate transfer of community property on death is ineffective against a spouse’s interest unless the spouse gives written consent.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 2. Consent to Nonprobate Transfer [5020 - 5023] ( Article 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5020. A provision for a nonprobate transfer of community property on death executed by a married person without the written consent of the person’s spouse (1) is not effective as to the nonconsenting spouse’s interest in the property and (2) does not affect the nonconsenting spouse’s disposition on death of the nonconsenting spouse’s interest in the community property by will, intestate succession, or nonprobate transfer. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
  169. 5021.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 2. Consent to Nonprobate Transfer [5020 - 5023] ( Article 2 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    If a married person transfers community property on death without the spouse’s written consent, the court must set aside the transfer for the nonconsenting spouse’s share, subject to equitable terms.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 2. Consent to Nonprobate Transfer [5020 - 5023] ( Article 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5021. (a) In a proceeding to set aside a nonprobate transfer of community property on death made pursuant to a provision for transfer of the property executed by a married person without the written consent of the person’s spouse, the court shall set aside the transfer as to the nonconsenting spouse’s interest in the property, subject to terms and conditions or other remedies that appear equitable under the circumstances of the case, taking into account the rights of all interested persons. (b) Nothing in subdivision (a) affects any additional remedy the nonconsenting spouse may have against the person’s estate for a nonprobate transfer of community property on death without the spouse’s written consent. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
  170. 5022.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 2. Consent to Nonprobate Transfer [5020 - 5023] ( Article 2 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    A spouse’s written consent to a nonprobate transfer of community property on death is generally not treated as a transmutation, except when the consent satisfies Family Code Section 852.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 2. Consent to Nonprobate Transfer [5020 - 5023] ( Article 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5022. (a) Except as provided in subdivision (b), a spouse’s written consent to a provision for a nonprobate transfer of community property on death is not a transmutation of the consenting spouse’s interest in the property. (b) This chapter does not apply to a spouse’s written consent to a provision for a nonprobate transfer of community property on death that satisfies Section 852 of the Family Code. Such a consent is a transmutation and is governed by the law applicable to transmutations. (Amended by Stats. 1993, Ch. 219, Sec. 224.3. Effective January 1, 1994.)
  171. 5023.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 2. Consent to Nonprobate Transfer [5020 - 5023] ( Article 2 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    This section defines “modification” for certain community-property nonprobate transfers and states when a modification changes or does not change the spouse’s consent and interest.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 2. Consent to Nonprobate Transfer [5020 - 5023] ( Article 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5023. (a) As used in this section “modification” means revocation of a provision for a nonprobate transfer on death in whole or part, designation of a different beneficiary, or election of a different benefit or payment option. As used in this section, “modification” does not mean, and this section does not apply to, the exercise of a power of appointment under a trust. (b) If a married person executes a provision for a nonprobate transfer of community property on death with the written consent of the person’s spouse and thereafter executes a modification of the provision for transfer of the property without written consent of the spouse, the modification is effective as to the person’s interest in the community property and has the following effect on the spouse’s interest in the community property: (1) If the person executes the modification during the spouse’s lifetime, the modification revokes the spouse’s previous written consent to the provision for transfer of the property. (2) If the person executes the modification after the spouse’s death, the modification does not affect the spouse’s previous written consent to the provision for transfer of the property, and the spouse’s interest in the community property is subject to the nonprobate transfer on death as consented to by the spouse. (3) If a written expression of intent of a party in the provision for transfer of the property or in the written consent to the provision for transfer of the property authorizes the person to execute a modification after the spouse’s death, the spouse’s interest in the community property is deemed transferred to the married person on the spouse’s death, and the modification is effective as to both the person’s and the spouse’s interests in the community property. (Amended by Stats. 1993, Ch. 527, Sec. 3. Effective January 1, 1994.)
  172. 5030.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 3. Revocation of Consent [5030 - 5032] ( Article 3 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    A spouse’s written consent to a nonprobate transfer of community property on death can be revoked during marriage, becomes revocable on dissolution or legal separation, and becomes irrevocable when either spouse dies.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 3. Revocation of Consent [5030 - 5032] ( Article 3 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5030. (a) A spouse’s written consent to a provision for a nonprobate transfer of community property on death is revocable during the marriage. (b) On termination of the marriage by dissolution or on legal separation, the written consent is revocable and the community property is subject to division under Division 7 (commencing with Section 2500) of the Family Code or other disposition on order within the jurisdiction of the court. (c) On the death of either spouse, the written consent is irrevocable. (Amended by Stats. 1993, Ch. 219, Sec. 224.5. Effective January 1, 1994.)
  173. 5031.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 3. Revocation of Consent [5030 - 5032] ( Article 3 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    A consenting spouse may revoke consent to a nonprobate transfer of community property on death by a written notice, including a will, served on the married person before death.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 3. Revocation of Consent [5030 - 5032] ( Article 3 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5031. (a) If a married person executes a provision for a nonprobate transfer of community property on death with the written consent of the person’s spouse, the consenting spouse may revoke the consent by a writing, including a will, that identifies the provision for transfer of the property being revoked, and that is served on the married person before the married person’s death. (b) Revocation of a spouse’s written consent to a provision for a nonprobate transfer of community property on death does not affect the authority of the holder of the property to transfer the property in compliance with the provision for transfer of the property to the extent provided in Section 5003. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
  174. 5032.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 3. Revocation of Consent [5030 - 5032] ( Article 3 added by Stats. 1992, Ch. 51, Sec. 6. )

    Verify source ↗

    If a spouse revokes written consent to a nonprobate transfer of community property on death, the property is treated as though that consent had never been given.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. Nonprobate Transfers of Community Property [5010 - 5032] ( Chapter 2 added by Stats. 1992, Ch. 51, Sec. 6. ) ## ARTICLE 3. Revocation of Consent [5030 - 5032] ( Article 3 added by Stats. 1992, Ch. 51, Sec. 6. ) ## 5032. On revocation of a spouse’s written consent to a nonprobate transfer of community property on death, the property passes in the same manner as if the consent had not been given. (Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.)
  175. 5040.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Nonprobate Transfer to Former Spouse [5040 - 5048] ( Chapter 3 heading added by Stats. 2015, Ch. 293, Sec. 11. )

    Verify source ↗

    A nonprobate transfer to a former spouse generally fails when the transferor dies after a divorce, annulment, or termination of a registered domestic partnership, unless an exception applies.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Nonprobate Transfer to Former Spouse [5040 - 5048] ( Chapter 3 heading added by Stats. 2015, Ch. 293, Sec. 11. ) ## 5040. (a) Except as provided in subdivision (b), a nonprobate transfer to the transferor’s former spouse, in an instrument executed by the transferor before or during the marriage or registered domestic partnership, fails if, at the time of the transferor’s death, the former spouse is not the transferor’s surviving spouse as defined in Section 78, as a result of the dissolution or annulment of the marriage or termination of registered domestic partnership. A judgment of legal separation that does not terminate the status of spouses is not a dissolution for purposes of this section. (b) Subdivision (a) does not cause a nonprobate transfer to fail in any of the following cases: (1) The nonprobate transfer is not subject to revocation by the transferor at the time of the transferor’s death. (2) There is clear and convincing evidence that the transferor intended to preserve the nonprobate transfer to the former spouse. (3) A court order that the nonprobate transfer be maintained on behalf of the former spouse is in effect at the time of the transferor’s death. (c) Where a nonprobate transfer fails by operation of this section, the instrument making the nonprobate transfer shall be treated as it would if the former spouse failed to survive the transferor. (d) Nothing in this section affects the rights of a subsequent purchaser or encumbrancer for value in good faith who relies on the apparent failure of a nonprobate transfer under this section or who lacks knowledge of the failure of a nonprobate transfer under this section. (e) As used in this section, “nonprobate transfer” means a provision, other than a provision of a life insurance policy, of either of the following types: (1) A provision of a type described in Section 5000. (2) A provision in an instrument that operates on death, other than a will, conferring a power of appointment or naming a trustee. (Amended by Stats. 2016, Ch. 50, Sec. 83. (SB 1005) Effective January 1, 2017.)
  176. 5042.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Nonprobate Transfer to Former Spouse [5040 - 5048] ( Chapter 3 heading added by Stats. 2015, Ch. 293, Sec. 11. )

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    A joint tenancy between a decedent and a former spouse is severed as to the decedent’s interest if the former spouse is not the surviving spouse because of dissolution or annulment, unless an exception applies.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Nonprobate Transfer to Former Spouse [5040 - 5048] ( Chapter 3 heading added by Stats. 2015, Ch. 293, Sec. 11. ) ## 5042. (a) Except as provided in subdivision (b), a joint tenancy between the decedent and the decedent’s former spouse, created before or during the marriage or registered domestic partnership, is severed as to the decedent’s interest if, at the time of the decedent’s death, the former spouse is not the decedent’s surviving spouse as defined in Section 78, as a result of the dissolution or annulment of the marriage or registered domestic partnership. A judgment of legal separation that does not terminate the status of spouses is not a dissolution for purposes of this section. (b) Subdivision (a) does not sever a joint tenancy in either of the following cases: (1) The joint tenancy is not subject to severance by the decedent at the time of the decedent’s death. (2) There is clear and convincing evidence that the decedent intended to preserve the joint tenancy in favor of the former spouse. (c) Nothing in this section affects the rights of a subsequent purchaser or encumbrancer for value in good faith who relies on an apparent severance under this section or who lacks knowledge of a severance under this section. (d) For purposes of this section, property held in “joint tenancy” includes property held as community property with right of survivorship, as described in Section 682.1 of the Civil Code. (Amended by Stats. 2016, Ch. 50, Sec. 84. (SB 1005) Effective January 1, 2017.)
  177. 5044.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Nonprobate Transfer to Former Spouse [5040 - 5048] ( Chapter 3 heading added by Stats. 2015, Ch. 293, Sec. 11. )

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    A good-faith purchaser or encumbrancer who relies on the listed affidavit or declaration is protected, and a person relying on it has no duty to investigate its truth. The affidavit or declaration may be recorded.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Nonprobate Transfer to Former Spouse [5040 - 5048] ( Chapter 3 heading added by Stats. 2015, Ch. 293, Sec. 11. ) ## 5044. (a) Nothing in this chapter affects the rights of a purchaser or encumbrancer of real property for value who in good faith relies on an affidavit or a declaration under penalty of perjury under the laws of this state that states all of the following: (1) The name of the decedent. (2) The date and place of the decedent’s death. (3) A description of the real property transferred to the affiant or declarant by an instrument making a nonprobate transfer or by operation of joint tenancy survivorship. (4) Either of the following, as appropriate: (A) The affiant or declarant is the surviving spouse of the decedent. (B) The affiant or declarant is not the surviving spouse of the decedent, but the rights of the affiant or declarant to the described property are not affected by Section 5040 or 5042. (b) A person relying on an affidavit or declaration made pursuant to subdivision (a) has no duty to inquire into the truth of the matters stated in the affidavit or declaration. (c) An affidavit or declaration made pursuant to subdivision (a) may be recorded. (Added by renumbering Section 5602 by Stats. 2015, Ch. 293, Sec. 14. (AB 139) Effective January 1, 2016.)
  178. 5046.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Nonprobate Transfer to Former Spouse [5040 - 5048] ( Chapter 3 heading added by Stats. 2015, Ch. 293, Sec. 11. )

    Verify source ↗

    This section says the chapter does not limit a court’s authority to order a spouse in a dissolution or annulment case to keep a former spouse as beneficiary or to preserve a joint tenancy.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Nonprobate Transfer to Former Spouse [5040 - 5048] ( Chapter 3 heading added by Stats. 2015, Ch. 293, Sec. 11. ) ## 5046. Nothing in this chapter is intended to limit the court’s authority to order a party to a dissolution or annulment of marriage to maintain the former spouse as a beneficiary on any nonprobate transfer described in this chapter, or to preserve a joint tenancy in favor of the former spouse. (Added by renumbering Section 5603 by Stats. 2015, Ch. 293, Sec. 15. (AB 139) Effective January 1, 2016.)
  179. 5048.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Nonprobate Transfer to Former Spouse [5040 - 5048] ( Chapter 3 heading added by Stats. 2015, Ch. 293, Sec. 11. )

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    This section says Chapter 3 became operative on January 1, 2002, and generally applies to nonprobate transfer instruments and joint tenancies whether they were executed before, on, or after that date.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 1. PROVISIONS RELATING TO EFFECT OF DEATH [5000 - 5048] ( Part 1 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 3. Nonprobate Transfer to Former Spouse [5040 - 5048] ( Chapter 3 heading added by Stats. 2015, Ch. 293, Sec. 11. ) ## 5048. (a) This chapter, formerly Part 4 (commencing with Section 5600), is operative on January 1, 2002. (b) Except as provided in subdivision (c), this chapter applies to an instrument making a nonprobate transfer or creating a joint tenancy whether executed before, on, or after the operative date of this chapter. (c) Sections 5040 and 5042 do not apply, and the applicable law in effect before the operative date of this chapter applies, to an instrument making a nonprobate transfer or creating a joint tenancy in either of the following circumstances: (1) The person making the nonprobate transfer or creating the joint tenancy dies before the operative date of this chapter. (2) The dissolution of marriage or other event that terminates the status of the nonprobate transfer beneficiary or joint tenant as a surviving spouse occurs before the operative date of this chapter. (Added by renumbering Section 5604 by Stats. 2015, Ch. 293, Sec. 16. (AB 139) Effective January 1, 2016.)
  180. 5100.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title [5100- 5100.] ( Article 1 enacted by Stats. 1990, Ch. 79. )

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    This section says this part may be cited as the California Multiple-Party Accounts Law.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 1. Short Title [5100- 5100.] ( Article 1 enacted by Stats. 1990, Ch. 79. ) ## 5100. This part may be cited as the California Multiple-Party Accounts Law. (Enacted by Stats. 1990, Ch. 79.)
  181. 5120.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This article’s definitions apply to this part unless the provision or context requires otherwise.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5120. Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part. (Enacted by Stats. 1990, Ch. 79.)
  182. 5122.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “Account” for multiple-party accounts and lists several types of accounts that are not included.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5122. (a) “Account” means a contract of deposit of funds between a depositor and a financial institution, and includes a checking account, savings account, certificate of deposit, share account, and other like arrangement. (b) “Account” does not include: (1) An account established for deposit of funds of a partnership, joint venture, or other association for business purposes. (2) An account controlled by one or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, or charitable or civic organization. (3) A regular fiduciary or trust account where the relationship is established other than by deposit agreement. (4) An account established for the deposit of funds of the estate of a ward, conservatee, or decedent. (Enacted by Stats. 1990, Ch. 79.)
  183. 5124.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “agent” for this part of the Probate Code.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5124. “Agent” means a person who has a present right, subject to request, to payment from an account as an attorney in fact under a power of attorney. (Enacted by Stats. 1990, Ch. 79.)
  184. 5126.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “beneficiary” for Totten trust accounts.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5126. “Beneficiary” means a person named in a Totten trust account as one for whom a party to the account is named as trustee. (Enacted by Stats. 1990, Ch. 79.)
  185. 5128.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “financial institution” to include institutions defined elsewhere in the Probate Code and industrial loan companies defined in the Financial Code.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5128. “Financial institution” includes: (a) A financial institution as defined in Section 40. (b) An industrial loan company as defined in Section 18003 of the Financial Code. (Enacted by Stats. 1990, Ch. 79.)
  186. 5130.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Joint account” means an account payable on request to one or more of two or more parties, with or without survivorship language.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5130. “Joint account” means an account payable on request to one or more of two or more parties whether or not mention is made of any right of survivorship. (Enacted by Stats. 1990, Ch. 79.)
  187. 5132.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    A multiple-party account means a joint account, a P.O.D. account, or a Totten trust account.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5132. A “multiple-party account” is any of the following types of account: (a) A joint account. (b) A P.O.D. account. (c) A Totten trust account. (Enacted by Stats. 1990, Ch. 79.)
  188. 5134.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “net contribution” for a party to an account and explains how to calculate it.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5134. (a) “Net contribution” of a party to an account as of any given time is the sum of all of the following: (1) All deposits thereto made by or for the party, less all withdrawals made by or for the party that have not been paid to or applied to the use of any other party. (2) A pro rata share of any interest or dividends earned, whether or not included in the current balance. (3) Any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question. (b) In the absence of proof otherwise: (1) Only parties who have a present right of withdrawal shall be considered as having a net contribution. (2) The net contribution of each of the parties having a present right of withdrawal is deemed to be an equal amount. (c) It is the intent of the Legislature in enacting this section to provide a definition for the purpose of determining ownership interests in an account as between the parties to the account, and not as between the parties and the financial institution. (Enacted by Stats. 1990, Ch. 79.)
  189. 5136.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines when a person is a “party” to a multiple-party account, including special rules for P.O.D. payees and Totten trust beneficiaries.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5136. (a) “Party” means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple-party account other than as an agent. (b) A P.O.D. payee is a party, by reason of being a P.O.D. payee, only after the account becomes payable to the payee by reason of surviving all persons named as original payees. (c) A beneficiary of a Totten trust account is a party, by reason of being a beneficiary, only after the account becomes payable to the beneficiary by reason of surviving all persons named as trustees. (Enacted by Stats. 1990, Ch. 79.)
  190. 5138.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “payment” of deposited sums to include a withdrawal, a pledge of deposited sums, or certain setoff and other account dispositions tied to a pledge.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5138. “Payment” of sums on deposit includes all of the following: (a) A withdrawal, including payment on check or other directive of a party. (b) A pledge of sums of deposit. (c) A setoff, reduction, or other disposition of all or part of an account pursuant to a pledge. (Enacted by Stats. 1990, Ch. 79.)
  191. 5139.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “P.O.D.” means “pay on death.”

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5139. “P.O.D.” means pay on death. (Enacted by Stats. 1990, Ch. 79.)
  192. 5140.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    This section defines “P.O.D. account” as an account that becomes payable to one or more P.O.D. payees when the account holder dies, either for one person or for all joint account holders.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5140. “P.O.D. account” means any of the following: (a) An account payable on request to one person during the person’s lifetime and on the person’s death to one or more P.O.D. payees. (b) An account payable on request to one or more persons during their lifetimes and on the death of all of them to one or more P.O.D. payees. (Enacted by Stats. 1990, Ch. 79.)
  193. 5142.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “P.O.D. payee” means a person named on a P.O.D. account to receive payment on request after the death of one or more account holders.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5142. “P.O.D. payee” means a person designated on a P.O.D. account as one to whom the account is payable on request after the death of one or more persons. (Enacted by Stats. 1990, Ch. 79.)
  194. 5144.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

    Verify source ↗

    “Proof of death” includes certain death records, including a death certificate or a qualifying record/report that is prima facie evidence of death.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5144. “Proof of death” includes any of the following: (a) An original or attested or certified copy of a death certificate. (b) A record or report that is prima facie evidence of death under Section 103550 of the Health and Safety Code, Sections 1530 to 1532, inclusive, of the Evidence Code, or another statute of this state. (Amended by Stats. 1996, Ch. 1023, Sec. 400. Effective September 29, 1996.)
  195. 5146.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines when a financial institution is treated as receiving an order or notice under this part.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5146. Except to the extent the terms of the account or deposit agreement expressly provide otherwise, a financial institution “receives” an order or notice under this part when it is received by the particular office or branch office of the financial instutition where the account is carried. (Enacted by Stats. 1990, Ch. 79.)
  196. 5148.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “request” for withdrawals or payments in a multiple-party account.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5148. “Request” means a proper request for withdrawal, including a check or order for payment, that complies with all conditions of the account (including special requirements concerning necessary signatures) and regulations of the financial institution; but, if the financial institution conditions withdrawal or payment on advance notice, for purposes of this part the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal. (Enacted by Stats. 1990, Ch. 79.)
  197. 5150.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “sums on deposit” for multiple-party accounts.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5150. “Sums on deposit” means both of the following: (a) The balance payable on an account, including interest and dividends earned, whether or not included in the current balance. (b) Any life insurance proceeds added to the account by reason of the death of a party. (Enacted by Stats. 1990, Ch. 79.)
  198. 5152.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. )

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    “Withdrawal” includes payment to a third person made by check or other directive from a party or an agent.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 1. Short Title and Definitions [5100 - 5152] ( Chapter 1 enacted by Stats. 1990, Ch. 79. ) ## ARTICLE 2. Definitions [5120 - 5152] ( Article 2 enacted by Stats. 1990, Ch. 79. ) ## 5152. “Withdrawal” includes payment to a third person pursuant to a check or other directive of a party or an agent. (Enacted by Stats. 1990, Ch. 79.)
  199. 52.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. )

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    This section defines “letters” for personal representatives, guardians, and conservators.

    ## Probate Code - PROB ## DIVISION 1 PRELIMINARY PROVISIONS AND DEFINITIONS [1. - 88] ( Division 1 enacted by Stats. 1990, Ch. 79. ) ## PART 2. DEFINITIONS [20 - 88] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## 52. “Letters”: (a) As it relates to a personal representative, means letters testamentary, letters of administration, letters of administration with the will annexed, or letters of special administration. (b) As it relates to a guardian or conservator, means letters of guardianship or conservatorship or temporary guardianship or conservatorship. (Enacted by Stats. 1990, Ch. 79.)
  200. 5201.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [5201 - 5205] ( Chapter 2 enacted by Stats. 1990, Ch. 79. )

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    This section says Chapter 3 rules on beneficial ownership matter only in disputes between the parties, their creditors, and other successors, and do not affect withdrawal power under the account contract. It also says Chapter 4 controls the liability of financial institutions that make payments under that chapter.

    ## Probate Code - PROB ## DIVISION 5. NONPROBATE TRANSFERS [5000 - 5705] ( Division 5 enacted by Stats. 1990, Ch. 79. ) ## PART 2. MULTIPLE-PARTY ACCOUNTS [5100 - 5407] ( Part 2 enacted by Stats. 1990, Ch. 79. ) ## CHAPTER 2. General Provisions [5201 - 5205] ( Chapter 2 enacted by Stats. 1990, Ch. 79. ) ## 5201. (a) The provisions of Chapter 3 (commencing with Section 5301) concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. (b) The provisions of Chapter 4 (commencing with Section 5401) govern the liability of financial institutions who make payments pursuant to that chapter. (Enacted by Stats. 1990, Ch. 79.)

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