Amended IN Assembly April 28, 2022 Amended IN Assembly March 23, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2338Introduced by Assembly Member GipsonFebruary 16, 2022 An act to add Section 4712 to the Probate Code, relating to health care decisions. LEGISLATIVE COUNSEL'S DIGESTAB 2338, as amended, Gipson. Health care decisions: decisionmakers and surrogates.Existing law authorizes an adult having capacity to give an individual health care instruction and to designate a health care decisionmaker, including an agent designated in a power of attorney or a surrogate effective for a specified period of time, to make health care decisions on the persons behalf. Existing law authorizes a patient to disqualify a person, including a family member, from acting as the patients surrogate.This bill would authorize legally recognized health care decisionmakers, in an order of priority, to make health care decisions on a patients behalf if the patient lacks the capacity to make a health care decision. If a patient does not have a legally recognized health care decisionmaker, the bill would specify individuals, in an order of priority, who may be chosen as a surrogate if the patient lacks the capacity to make a health care decision. The bill would also authorize a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve to take precedence in making health care decisions on the patients behalf.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4712 is added to the Probate Code, to read: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 patients behalf, in the following descending order of priority:(1) The patients surrogate selected pursuant to Section 4711.(2) The patients 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, a surrogate may be chosen from any of the following persons, in the following descending order of priority:(1) The spouse or domestic partner of the patient.(2) An adult child of the patient, with priority given to a child with whom the patient lives, if any.(3) A parent of the patient, with priority given to a parent with whom the patient lives, if any.(4) An adult sibling of the patient, with priority given to an adult sibling with whom the patient lives, if any.(5) An adult grandchild of the patient, with priority given to an adult grandchild with whom the patient lives, if any.(6) An available adult relative with the closest degree of kinship to the patient, with priority given to the relative with whom the patient lives, if any.(7) A close, personal friend.(c) Notwithstanding subdivision (b), including the prioritization listed in subdivision (b), a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve may take precedence in making health care decisions on the patients behalf.
Amended IN Assembly April 28, 2022 Amended IN Assembly March 23, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2338Introduced by Assembly Member GipsonFebruary 16, 2022 An act to add Section 4712 to the Probate Code, relating to health care decisions. LEGISLATIVE COUNSEL'S DIGESTAB 2338, as amended, Gipson. Health care decisions: decisionmakers and surrogates.Existing law authorizes an adult having capacity to give an individual health care instruction and to designate a health care decisionmaker, including an agent designated in a power of attorney or a surrogate effective for a specified period of time, to make health care decisions on the persons behalf. Existing law authorizes a patient to disqualify a person, including a family member, from acting as the patients surrogate.This bill would authorize legally recognized health care decisionmakers, in an order of priority, to make health care decisions on a patients behalf if the patient lacks the capacity to make a health care decision. If a patient does not have a legally recognized health care decisionmaker, the bill would specify individuals, in an order of priority, who may be chosen as a surrogate if the patient lacks the capacity to make a health care decision. The bill would also authorize a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve to take precedence in making health care decisions on the patients behalf.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 28, 2022 Amended IN Assembly March 23, 2022
Amended IN Assembly April 28, 2022
Amended IN Assembly March 23, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2338
Introduced by Assembly Member GipsonFebruary 16, 2022
Introduced by Assembly Member Gipson
February 16, 2022
An act to add Section 4712 to the Probate Code, relating to health care decisions.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2338, as amended, Gipson. Health care decisions: decisionmakers and surrogates.
Existing law authorizes an adult having capacity to give an individual health care instruction and to designate a health care decisionmaker, including an agent designated in a power of attorney or a surrogate effective for a specified period of time, to make health care decisions on the persons behalf. Existing law authorizes a patient to disqualify a person, including a family member, from acting as the patients surrogate.This bill would authorize legally recognized health care decisionmakers, in an order of priority, to make health care decisions on a patients behalf if the patient lacks the capacity to make a health care decision. If a patient does not have a legally recognized health care decisionmaker, the bill would specify individuals, in an order of priority, who may be chosen as a surrogate if the patient lacks the capacity to make a health care decision. The bill would also authorize a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve to take precedence in making health care decisions on the patients behalf.
Existing law authorizes an adult having capacity to give an individual health care instruction and to designate a health care decisionmaker, including an agent designated in a power of attorney or a surrogate effective for a specified period of time, to make health care decisions on the persons behalf. Existing law authorizes a patient to disqualify a person, including a family member, from acting as the patients surrogate.
This bill would authorize legally recognized health care decisionmakers, in an order of priority, to make health care decisions on a patients behalf if the patient lacks the capacity to make a health care decision. If a patient does not have a legally recognized health care decisionmaker, the bill would specify individuals, in an order of priority, who may be chosen as a surrogate if the patient lacks the capacity to make a health care decision. The bill would also authorize a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve to take precedence in making health care decisions on the patients behalf.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4712 is added to the Probate Code, to read: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 patients behalf, in the following descending order of priority:(1) The patients surrogate selected pursuant to Section 4711.(2) The patients 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, a surrogate may be chosen from any of the following persons, in the following descending order of priority:(1) The spouse or domestic partner of the patient.(2) An adult child of the patient, with priority given to a child with whom the patient lives, if any.(3) A parent of the patient, with priority given to a parent with whom the patient lives, if any.(4) An adult sibling of the patient, with priority given to an adult sibling with whom the patient lives, if any.(5) An adult grandchild of the patient, with priority given to an adult grandchild with whom the patient lives, if any.(6) An available adult relative with the closest degree of kinship to the patient, with priority given to the relative with whom the patient lives, if any.(7) A close, personal friend.(c) Notwithstanding subdivision (b), including the prioritization listed in subdivision (b), a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve may take precedence in making health care decisions on the patients behalf.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4712 is added to the Probate Code, to read: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 patients behalf, in the following descending order of priority:(1) The patients surrogate selected pursuant to Section 4711.(2) The patients 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, a surrogate may be chosen from any of the following persons, in the following descending order of priority:(1) The spouse or domestic partner of the patient.(2) An adult child of the patient, with priority given to a child with whom the patient lives, if any.(3) A parent of the patient, with priority given to a parent with whom the patient lives, if any.(4) An adult sibling of the patient, with priority given to an adult sibling with whom the patient lives, if any.(5) An adult grandchild of the patient, with priority given to an adult grandchild with whom the patient lives, if any.(6) An available adult relative with the closest degree of kinship to the patient, with priority given to the relative with whom the patient lives, if any.(7) A close, personal friend.(c) Notwithstanding subdivision (b), including the prioritization listed in subdivision (b), a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve may take precedence in making health care decisions on the patients behalf.
SECTION 1. Section 4712 is added to the Probate Code, to read:
### SECTION 1.
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 patients behalf, in the following descending order of priority:(1) The patients surrogate selected pursuant to Section 4711.(2) The patients 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, a surrogate may be chosen from any of the following persons, in the following descending order of priority:(1) The spouse or domestic partner of the patient.(2) An adult child of the patient, with priority given to a child with whom the patient lives, if any.(3) A parent of the patient, with priority given to a parent with whom the patient lives, if any.(4) An adult sibling of the patient, with priority given to an adult sibling with whom the patient lives, if any.(5) An adult grandchild of the patient, with priority given to an adult grandchild with whom the patient lives, if any.(6) An available adult relative with the closest degree of kinship to the patient, with priority given to the relative with whom the patient lives, if any.(7) A close, personal friend.(c) Notwithstanding subdivision (b), including the prioritization listed in subdivision (b), a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve may take precedence in making health care decisions on the patients behalf.
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 patients behalf, in the following descending order of priority:(1) The patients surrogate selected pursuant to Section 4711.(2) The patients 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, a surrogate may be chosen from any of the following persons, in the following descending order of priority:(1) The spouse or domestic partner of the patient.(2) An adult child of the patient, with priority given to a child with whom the patient lives, if any.(3) A parent of the patient, with priority given to a parent with whom the patient lives, if any.(4) An adult sibling of the patient, with priority given to an adult sibling with whom the patient lives, if any.(5) An adult grandchild of the patient, with priority given to an adult grandchild with whom the patient lives, if any.(6) An available adult relative with the closest degree of kinship to the patient, with priority given to the relative with whom the patient lives, if any.(7) A close, personal friend.(c) Notwithstanding subdivision (b), including the prioritization listed in subdivision (b), a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve may take precedence in making health care decisions on the patients behalf.
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 patients behalf, in the following descending order of priority:(1) The patients surrogate selected pursuant to Section 4711.(2) The patients 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, a surrogate may be chosen from any of the following persons, in the following descending order of priority:(1) The spouse or domestic partner of the patient.(2) An adult child of the patient, with priority given to a child with whom the patient lives, if any.(3) A parent of the patient, with priority given to a parent with whom the patient lives, if any.(4) An adult sibling of the patient, with priority given to an adult sibling with whom the patient lives, if any.(5) An adult grandchild of the patient, with priority given to an adult grandchild with whom the patient lives, if any.(6) An available adult relative with the closest degree of kinship to the patient, with priority given to the relative with whom the patient lives, if any.(7) A close, personal friend.(c) Notwithstanding subdivision (b), including the prioritization listed in subdivision (b), a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve may take precedence in making health care decisions on the patients behalf.
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 patients behalf, in the following descending order of priority:
(1) The patients surrogate selected pursuant to Section 4711.
(2) The patients 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, a surrogate may be chosen from any of the following persons, in the following descending order of priority:
(1) The spouse or domestic partner of the patient.
(2) An adult child of the patient, with priority given to a child with whom the patient lives, if any.
(3) A parent of the patient, with priority given to a parent with whom the patient lives, if any.
(4) An adult sibling of the patient, with priority given to an adult sibling with whom the patient lives, if any.
(5) An adult grandchild of the patient, with priority given to an adult grandchild with whom the patient lives, if any.
(6) An available adult relative with the closest degree of kinship to the patient, with priority given to the relative with whom the patient lives, if any.
(7) A close, personal friend.
(c) Notwithstanding subdivision (b), including the prioritization listed in subdivision (b), a person who has demonstrated special care and concern for the patient, is familiar with the patients personal values and beliefs to the extent known, and is reasonably available and willing to serve may take precedence in making health care decisions on the patients behalf.