2005 California Probate Code Sections 4711-4717 CHAPTER 3. HEALTH CARE SURROGATES

PROBATE CODE
SECTION 4711-4717

4711.  (a) A patient may designate an adult as a surrogate to make
health care decisions by personally informing the supervising health
care provider.   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) 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.
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.
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.
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.
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.


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