Creating an Advance Directive
1. What is the controlling statute?
- Cal.Prob.Code D. 4.5
- Click here for a Power of Attorney Education Sheet
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
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.