Creating an Advance Directive

1. What is the controlling statute?

2. Is there a template?

  • Yes. Click here for a Self-Help Form.
  • Cal.Prob.Code D. 4.5, Pt. 3, Ch. 1 § 4401 (Durable POA Language- §4404, 4124)


Challenging a Health Care Decision

1. Who is the presumptive decision-maker?

  • Agent under power of attorney for health care
  • Designated surrogate
  • In conservatorship proceeding, priority of spouse, adult child, parent, sibling, other person

See Cal Prob Code §§ 1812, 4643, 4685.

2. Who can challenge a treatment decision?

Patient, spouse, relative, agent or surrogate, conservator, investigator, public guardian, health care provider, or any other interested person or friend of patient. See Cal Prob Code § 4765.

3. What is the proper court?

Superior Court, see Cal Prob Code § 4760.