2005 California Probate Code Sections 4750-4755 CHAPTER 1. GENERAL PROVISIONS

PROBATE CODE
SECTION 4750-4755

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.
4751.  The remedies provided in this part are cumulative and not
exclusive of any other remedies provided by law.
4752.  Except as provided in Section 4753, this part is not subject
to limitation in an advance health care directive.
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.
4754.  There is no right to a jury trial in proceedings under this
division.
4755.  Except as otherwise provided in this division, the general
provisions in Division 3 (commencing with Section 1000) apply to
proceedings under this division.


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