California

Probate Code

2,711 sections, each with the official text and a plain-English explanation of what it means for you.

• § 4234 — (a) To the extent reasonably practicable under the circumstances, an attorney-in-fact has a duty to keep in regular contact with the principal, to communicate with the principal, and to follow the ins
• § 4235 — If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal to give instructions to and supervise the attorney-in-fact, the attorney-
• § 4236 — (a) The attorney-in-fact shall keep records of all transactions entered into by the attorney-in-fact on behalf of the principal.
• § 4237 — An attorney-in-fact with special skills has a duty to apply the full extent of those skills.
• § 4238 — (a) On termination of an attorney-in-fact’s authority, the attorney-in-fact shall promptly deliver possession or control of the principal’s property as follows: (1) If the principal is not incapacitat
• § 4260 — (a) Except as specified in subdivision (b), this article applies to all powers of attorney under this division.
• § 4261 — If a power of attorney grants general authority to an attorney-in-fact and is not limited to one or more express actions, subjects, or purposes for which general authority is conferred, the attorney-i
• § 4262 — Subject to this article, if a power of attorney grants limited authority to an attorney-in-fact, the attorney-in-fact has the following authority: (a) The authority granted in the power of attorney, a
• § 4263 — (a) A power of attorney may grant authority to the attorney-in-fact by incorporating powers by reference to another statute, including, but not limited to, the following: (1) Powers of attorneys-in-fa
• § 4264 — An attorney-in-fact under a power of attorney may perform any of the following acts on behalf of the principal or with the property of the principal only if the power of attorney expressly grants that
• § 4265 — A power of attorney may not authorize an attorney-in-fact to make, publish, declare, amend, or revoke the principal’s will.
• § 4266 — The grant of authority to an attorney-in-fact, whether by the power of attorney, by statute, or by the court, does not in itself require or permit the exercise of the power.
• § 4300 — A third person shall accord an attorney-in-fact acting pursuant to the provisions of a power of attorney the same rights and privileges that would be accorded the principal if the principal were perso
• § 4301 — A third person may rely on, contract with, and deal with an attorney-in-fact with respect to the subjects and purposes encompassed or expressed in the power of attorney without regard to whether the p
• § 4302 — When requested to engage in transactions with an attorney-in-fact, a third person, before incurring any duty to comply with the power of attorney, may require the attorney-in-fact to provide identific
• § 4303 — (a) A third person who acts in good faith reliance on a power of attorney is not liable to the principal or to any other person for so acting if all of the following requirements are satisfied: (1) Th
• § 4304 — (a) The death of a principal who has executed a power of attorney, whether durable or nondurable, does not revoke or terminate the agency as to the attorney-in-fact or a third person who, without actu
• § 4305 — (a) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney-in-fact under a power of attorney, whether durable or nondurable, stating that, at the time of the exerc
• § 4306 — (a) If an attorney-in-fact furnishes an affidavit pursuant to Section 4305, whether voluntarily or on demand, a third person dealing with the attorney-in-fact who refuses to accept the exercise of the
• § 4307 — (a) A copy of a power of attorney certified under this section has the same force and effect as the original power of attorney.
• § 4308 — (a) A third person who conducts activities through employees is not charged under this chapter with actual knowledge of any fact relating to a power of attorney, nor of a change in the authority of an
• § 4309 — Nothing in this chapter requires a third person to engage in any transaction with an attorney-in-fact if the attorney-in-fact has previously breached any agreement with the third person.
• § 4310 — Without limiting the generality of Section 4300, nothing in this chapter requires a financial institution to open a deposit account for a principal at the request of an attorney-in-fact if the princip
• § 44 — “Heir” means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code.
• § 4400 — This part may be cited as the Uniform Statutory Form Power of Attorney Act.
• § 4401 — The following statutory form power of attorney is legally sufficient when the requirements of Section 4402 are satisfied: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * NOTICE O
• § 4402 — A statutory form power of attorney under this part is legally sufficient if all of the following requirements are satisfied: (a) The wording of the form complies substantially with Section 4401.
• § 4403 — If the line in front of (N) of the statutory form under Section 4401 is initialed, an initial on the line in front of any other power does not limit the powers granted by line (N).
• § 4404 — A statutory form power of attorney legally sufficient under this part is durable to the extent that the power of attorney contains language, such as “This power of attorney will continue to be effecti
• § 4405 — (a) A statutory form power of attorney under this part that limits the power to take effect upon the occurrence of a specified event or contingency, including, but not limited to, the incapacity of th
• § 4406 — (a) If a third person to whom a properly executed statutory form power of attorney under this part is presented refuses to honor the agent’s authority under the power of attorney within a reasonable t
• § 4407 — The provisions of this division apply to a statutory form power of attorney except when there is a conflicting provision in this part, in which case the provision of this part governs, or when a provi
• § 4408 — Nothing in this part affects or limits the use of any other form for a power of attorney.
• § 4409 — (a) A statutory short form power of attorney executed before, on, or after the repeal of Chapter 3 (commencing with Section 2450) of Title 9 of Part 4 of Division 3 of the Civil Code by Chapter 986 of
• § 4450 — By executing a statutory form power of attorney with respect to a subject listed in Section 4401, the principal, except as limited or extended by the principal in the power of attorney, empowers the a
• § 4451 — In a statutory form power of attorney, the language granting power with respect to real property transactions empowers the agent to do all of the following: (a) Accept as a gift or as security for a l
• § 4452 — In a statutory form power of attorney, the language granting power with respect to tangible personal property transactions empowers the agent to do all of the following: (a) Accept as a gift or as sec
• § 4453 — In a statutory form power of attorney, the language granting power with respect to stock and bond transactions empowers the agent to do all of the following: (a) Buy, sell, and exchange stocks, bonds,
• § 4454 — In a statutory form power of attorney, the language granting power with respect to commodity and option transactions empowers the agent to do all of the following: (a) Buy, sell, exchange, assign, set
• § 4455 — In a statutory form power of attorney, the language granting power with respect to banking and other financial institution transactions empowers the agent to do all of the following: (a) Continue, mod
• § 4456 — In a statutory form power of attorney, the language granting power with respect to business operating transactions empowers the agent to do all of the following: (a) Operate, buy, sell, enlarge, reduc
• § 4457 — In a statutory form power of attorney, the language granting power with respect to insurance and annuity transactions empowers the agent to do all of the following: (a) Continue, pay the premium or as
• § 4458 — In a statutory form power of attorney, the language granting power with respect to estate, trust, and other beneficiary transactions, empowers the agent to act for the principal in all matters that af
• § 4459 — In a statutory form power of attorney, the language with respect to claims and litigation empowers the agent to do all of the following: (a) Assert and prosecute before a court or administrative agenc
• § 4460 — (a) In a statutory form power of attorney, the language granting power with respect to personal and family maintenance empowers the agent to do all of the following: (1) Do the acts necessary to maint
• § 4461 — In a statutory form power of attorney, the language granting power with respect to benefits from social security, Medicare, Medicaid, or other governmental programs, or civil or military service, empo
• § 4462 — In a statutory form power of attorney, the language granting power with respect to retirement plan transactions empowers the agent to do all of the following: (a) Select payment options under any reti
• § 4463 — In a statutory form power of attorney, the language granting power with respect to tax matters empowers the agent to do all of the following: (a) Prepare, sign, and file federal, state, local, and for
• § 4464 — The powers described in this chapter are exercisable equally with respect to an interest the principal has when the statutory form power of attorney is executed or acquires later, whether or not the p
• § 4465 — A statutory form power of attorney under this part does not empower the agent to take any of the actions specified in Section 4264 unless the statutory form power of attorney expressly grants that aut
• § 45 — “Instrument” means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property.
• § 450 — Upon designation by the court, the probate referee has all the powers of a referee of the superior court and all other powers provided in this chapter.
• § 4500 — A power of attorney is exercisable free of judicial intervention, subject to this part.
• § 4501 — The remedies provided in this part are cumulative and not exclusive of any other remedies provided by law.
• § 4502 — Except as provided in Section 4503, this part is not subject to limitation in the power of attorney.
• § 4503 — (a) Subject to subdivision (b), a power of attorney may expressly eliminate the authority of a person listed in Section 4540 to petition the court for any one or more of the purposes enumerated in Sec
• § 4504 — There is no right to a jury trial in proceedings under this division.
• § 4505 — Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division.
• § 451 — (a) For the purpose of appraisal of property in the estate, the probate referee may require, and may issue a subpoena to compel, the appearance before the referee of the personal representative, guard
• § 452 — (a) The probate referee may: (1) Examine and take the testimony under oath of a person appearing before the referee.
• § 4520 — (a) The superior court has jurisdiction in proceedings under this division.
• § 4521 — The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.
• § 4522 — Without limiting Section 4521, a person who acts as an attorney-in-fact under a power of attorney governed by this division is subject to personal jurisdiction in this state with respect to matters re
• § 4523 — The proper county for commencement of a proceeding under this division shall be determined in the following order of priority: (a) The county in which the principal resides.
• § 453 — (a) On petition of a person required to appear before the probate referee pursuant to this chapter, the court may make a protective order to protect the person from annoyance, embarrassment, or oppres
• § 4540 — Subject to Section 4503, a petition may be filed under this part by any of the following persons: (a) The attorney-in-fact.
• § 4541 — A petition may be filed under this part for any one or more of the following purposes: (a) Determining whether the power of attorney is in effect or has terminated.
• § 4542 — A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of the petition, and, if known to the petitioner, the
• § 4543 — The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the principal or the principal’s estate and shall stay or dismiss
• § 4544 — (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing, together with a copy of the petition, on the f
• § 4545 — In a proceeding under this part commenced by the filing of a petition by a person other than the attorney-in-fact, the court may in its discretion award reasonable attorney’s fees to one of the follow
• § 46 — “Insured account in a financial institution” means an account in a bank, an account in an insured credit union, and an account in an insured savings and loan association, to the extent that the accoun
• § 4600 — This division may be cited as the Health Care Decisions Law.
• § 4603 — Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
• § 4605 — “Advance health care directive” or “advance directive” means either an individual health care instruction or a power of attorney for health care.
• § 4607 — (a) “Agent” means an individual designated in a power of attorney for health care to make a health care decision for the principal, regardless of whether the person is known as an agent or attorney-in
• § 4609 — “Capacity” means a person’s ability to understand the nature and consequences of a decision and to make and communicate a decision, and includes in the case of proposed health care, the ability to und
• § 4611 — “Community care facility” means a “community care facility” as defined in Section 1502 of the Health and Safety Code.
• § 4613 — “Conservator” means a court-appointed conservator having authority to make a health care decision for a patient.
• § 4615 — “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient’s physical or mental health condition.
• § 4617 — (a) “Health care decision” means a decision made by a patient or the patient’s agent, conservator, or surrogate, regarding the patient’s health care, including the following: (1) Selection and dischar
• § 4619 — “Health care institution” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business.
• § 4621 — “Health care provider” means an individual licensed, certified, or otherwise authorized or permitted by the law of this state to provide health care in the ordinary course of business or practice of a
• § 4623 — “Individual health care instruction” or “individual instruction” means a patient’s written or oral direction concerning a health care decision for the patient.
• § 4625 — “Patient” means an adult whose health care is under consideration, and includes a principal under a power of attorney for health care and an adult who has given an individual health care instruction o
• § 4627 — “Physician” means a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California.
• § 4629 — “Power of attorney for health care” means a written instrument designating an agent to make health care decisions for the principal.
• § 4631 — “Primary physician” means a physician designated by a patient or the patient’s agent, conservator, or surrogate, to have primary responsibility for the patient’s health care or, in the absence of a de
• § 4633 — “Principal” means an adult who executes a power of attorney for health care.
• § 4635 — “Reasonably available” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient’s health care needs.
• § 4637 — “Residential care facility for the elderly” means a “residential care facility for the elderly” as defined in Section 1569.
• § 4639 — “Skilled nursing facility” means a “skilled nursing facility” as defined in Section 1250 of the Health and Safety Code.
• § 4641 — “Supervising health care provider” means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who has undertaken pr
• § 4643 — “Surrogate” means an adult, other than a patient’s agent or conservator, authorized under this division to make a health care decision for the patient.
• § 4650 — The Legislature finds the following: (a) In recognition of the dignity and privacy a person has a right to expect, the law recognizes that an adult has the fundamental right to control the decisions r
• § 4651 — (a) Except as otherwise provided, this division applies to health care decisions for adults who lack capacity to make health care decisions for themselves.
• § 4652 — This division does not authorize consent to any of the following on behalf of a patient: (a) Commitment to or placement in a mental health treatment facility.
• § 4653 — Nothing in this division shall be construed to condone, authorize, or approve mercy killing, assisted suicide, or euthanasia.
• § 4654 — This division does not authorize or require a health care provider or health care institution to provide health care contrary to generally accepted health care standards applicable to the health care
• § 4655 — (a) This division does not create a presumption concerning the intention of a patient who has not made or who has revoked an advance health care directive.
• § 4656 — Death resulting from withholding or withdrawing health care in accordance with this division does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insur
• § 4657 — A patient is presumed to have the capacity to make a health care decision, to give or revoke an advance health care directive, and to designate or disqualify a surrogate.
• § 4658 — Unless otherwise specified in a written advance health care directive, for the purposes of this division, a determination that a patient lacks or has recovered capacity, or that another condition exis
• § 4659 — (a) Except as provided in subdivision (b), none of the following persons may make health care decisions as an agent under a power of attorney for health care or a surrogate under this division: (1) Th
• § 4660 — A copy of a written advance health care directive, revocation of an advance directive, or designation or disqualification of a surrogate has the same effect as the original.
• § 4665 — Except as otherwise provided by statute: (a) On and after July 1, 2000, this division applies to all advance health care directives, including, but not limited to, durable powers of attorney for healt
• § 4670 — An adult having capacity may give an individual health care instruction.
• § 4671 — (a) An adult having capacity may execute a power of attorney for health care, as provided in Article 2 (commencing with Section 4680).
• § 4672 — (a) A written advance health care directive may include the individual’s nomination of a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration b
• § 4673 — (a) A written advance health care directive is legally sufficient if all of the following requirements are satisfied: (1) The advance directive contains the date of its execution.
• § 4674 — If the written advance health care directive is signed by witnesses, as provided in Section 4673, the following requirements shall be satisfied: (a) The witnesses shall be adults.
• § 4675 — (a) If an individual is a patient in a skilled nursing facility when a written advance health care directive is executed, the advance directive is not effective unless a patient advocate or ombudsman,
• § 4676 — (a) A written advance health care directive or similar instrument executed in another state or jurisdiction in compliance with the laws of that state or jurisdiction or of this state, is valid and enf
• § 4677 — A health care provider, health care service plan, health care institution, disability insurer, self-insured employee welfare plan, or nonprofit hospital plan or a similar insurance plan may not requir
• § 4678 — Unless otherwise specified in an advance health care directive, a person then authorized to make health care decisions for a patient has the same rights as the patient to request, receive, examine, co
• § 4679 — (a) (1) This chapter does not prohibit the execution of a voluntary standalone psychiatric advance directive.
• § 4680 — A power of attorney for health care is legally sufficient if it satisfies the requirements of Section 4673.
• § 4681 — (a) Except as provided in subdivision (b), the principal may limit the application of any provision of this division by an express statement in the power of attorney for health care or by providing an
• § 4682 — Unless otherwise provided in a power of attorney for health care, the authority of an agent becomes effective only on a determination that the principal lacks capacity, and ceases to be effective on a
• § 4683 — Subject to any limitations in the power of attorney for health care: (a) An agent designated in the power of attorney may make health care decisions for the principal to the same extent the principal
• § 4684 — An agent shall make a health care decision in accordance with the principal’s individual health care instructions, if any, and other wishes to the extent known to the agent.
• § 4685 — Unless the power of attorney for health care provides otherwise, the agent designated in the power of attorney who is known to the health care provider to be reasonably available and willing to make h
• § 4686 — Unless the power of attorney for health care provides a time of termination, the authority of the agent is exercisable notwithstanding any lapse of time since execution of the power of attorney.
• § 4687 — Nothing in this division affects any right the person designated as an agent under a power of attorney for health care may have, apart from the power of attorney, to make or participate in making heal
• § 4688 — Where this division does not provide a rule governing agents under powers of attorney, the law of agency applies.
• § 4689 — Nothing in this division authorizes an agent under a power of attorney for health care to make a health care decision if the principal objects to the decision.
• § 4690 — (a) If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal, the agent may consult with a person previously designated by the pri
• § 4691 — If directed by the principal in a power of attorney for health care, an attorney-in-fact shall, upon the death of the principal, inform those individuals whose names are provided by the principal to t
• § 4695 — (a) A patient having capacity may revoke the designation of an agent only by a signed writing or by personally informing the supervising health care provider.
• § 4696 — A health care provider, agent, conservator, or surrogate who is informed of a revocation of an advance health care directive shall promptly communicate the fact of the revocation to the supervising he
• § 4697 — (a) If after executing a power of attorney for health care the principal’s marriage to the agent is dissolved or annulled, the principal’s designation of the former spouse as an agent to make health c
• § 4698 — An advance health care directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict.
• § 4700 — The form provided in Section 4701 may, but need not, be used to create an advance health care directive.
• § 4701 — The statutory advance health care directive form is as follows: ADVANCE HEALTH CARE DIRECTIVE (California Probate Code Section 4701) Explanation You have the right to give instructions about your own
• § 4711 — (a) A patient may designate an adult as a surrogate to make health care decisions by personally informing the supervising health care provider or a designee of the health care facility caring for the
• § 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 patient’s behalf, in the following
• § 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 kn
• § 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 t
• § 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 incapacit
• § 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 co
• § 4730 — Before implementing a health care decision made for a patient, a supervising health care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the pers
• § 4731 — (a) A supervising health care provider who knows of the existence of an advance health care directive, a revocation of an advance health care directive, or a designation or disqualification of a surro
• § 4732 — A primary physician who makes or is informed of a determination that a patient lacks or has recovered capacity, or that another condition exists affecting an individual health care instruction or the
• § 4733 — Except as provided in Sections 4734 and 4735, a health care provider or health care institution providing care to a patient shall do the following: (a) Comply with an individual health care instructio
• § 4734 — (a) A health care provider may decline to comply with an individual health care instruction or health care decision for reasons of conscience.
• § 4735 — A health care provider or health care institution may decline to comply with an individual health care instruction or health care decision that requires medically ineffective health care or health car
• § 4736 — A health care provider or health care institution that declines to comply with an individual health care instruction or health care decision shall do all of the following: (a) Promptly so inform the p
• § 4740 — A health care provider or health care institution acting in good faith and in accordance with generally accepted health care standards applicable to the health care provider or institution is not subj
• § 4741 — A person acting as agent or surrogate under this part is not subject to civil or criminal liability or to discipline for unprofessional conduct for health care decisions made in good faith.
• § 4742 — (a) A health care provider or health care institution that intentionally violates this part is subject to liability to the aggrieved individual for damages of two thousand five hundred dollars ($2,500
• § 4743 — Any person who alters or forges a written advance health care directive of another, or willfully conceals or withholds personal knowledge of a revocation of an advance directive, with the intent to ca
• § 4750 — Subject to this division: (a) An advance health care directive is effective and exercisable free of judicial intervention.
• § 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 enum
• § 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.
• § 4760 — (a) The superior court has jurisdiction in proceedings under this division.
• § 4761 — The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.
• § 4762 — Without limiting Section 4761, a person who acts as an agent under a power of attorney for health care or as a surrogate under this division is subject to personal jurisdiction in this state with resp
• § 4763 — The proper county for commencement of a proceeding under this division shall be determined in the following order of priority: (a) The county in which the patient resides.
• § 4765 — Subject to Section 4753, a petition may be filed under this part by any of the following persons: (a) The patient.
• § 4766 — A petition may be filed under this part for any one or more of the following purposes: (a) Determining whether or not the patient has capacity to make health care decisions.
• § 4767 — A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of the petition, and, if known to the petitioner, the
• § 4768 — The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the patient and shall stay or dismiss the proceeding in whole or i
• § 4769 — (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing, together with a copy of the petition, on the f
• § 4770 — The court in its discretion, on a showing of good cause, may issue a temporary order prescribing the health care of the patient until the disposition of the petition filed under Section 4766.
• § 4771 — In a proceeding under this part commenced by the filing of a petition by a person other than the agent or surrogate, the court may in its discretion award reasonable attorney’s fees to one of the foll
• § 4780 — (a) As used in this part: (1) “Request regarding resuscitative measures” means a written document, signed by (A) an individual with capacity, or a legally recognized health care decisionmaker, and (B)
• § 4781 — As used in this part, “health care provider” includes, but is not limited to, the following: (a) Persons described in Section 4621.
• § 4781.2 — (a) A health care provider shall treat an individual in accordance with a Physician Orders for Life Sustaining Treatment form.
• § 4781.4 — If the orders in an individual’s request regarding resuscitative measures directly conflict with his or her individual health care instruction, as defined in Section 4623, then, to the extent of the c
• § 4781.5 — The legally recognized health care decisionmaker shall make health care decisions pursuant to this part in accordance with Sections 4684 and 4714.
• § 4782 — A health care provider who honors a request regarding resuscitative measures is not subject to criminal prosecution, civil liability, discipline for unprofessional conduct, administrative sanction, or
• § 4783 — (a) Forms for requests regarding resuscitative measures printed after January 1, 1995, shall contain the following: “By signing this form, the legally recognized health care decisionmaker acknowledges
• § 4784 — In the absence of knowledge to the contrary, a health care provider may presume that a request regarding resuscitative measures is valid and unrevoked.
• § 4785 — This part applies regardless of whether the individual executing a request regarding resuscitative measures is within or outside a hospital or other health care institution.
• § 4786 — This part does not repeal or narrow laws relating to health care decisionmaking.
• § 48 — (a) Subject to subdivision (b), “interested person” includes any of the following: (1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim
• § 4800 — (a) The Secretary of State shall establish a registry system through which a person who has executed a written advance health care directive may register in a central information center, information r
• § 4801 — The Secretary of State shall establish procedures to verify the identities of health care providers, the public guardian, and other authorized persons requesting information pursuant to Section 4800.
• § 4802 — The Secretary of State shall establish procedures to advise each registrant of the following: (a) A health care provider may not honor a written advance health care directive until it receives a copy
• § 4803 — Failure to register with the Secretary of State does not affect the validity of any advance health care directive.
• § 4804 — Registration with the Secretary of State does not affect the ability of the registrant to revoke the registrant’s advance health care directive or a later executed advance directive, nor does registra
• § 4805 — Nothing in this part shall be construed to affect the duty of a health care provider to provide information to a patient regarding advance health care directives pursuant to any provision of federal l
• § 4806 — (a) The Secretary of State shall work with the State Department of Health Services and the office of the Attorney General to develop information about end of life care, advance health care directives,
• § 5 — If a notice or other communication is required by this code to be mailed by registered mail, the mailing of the notice or other communication by certified mail is deemed to be sufficient compliance wi
• § 50 — “Issue” of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent.
• § 5000 — (a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodia
• § 5002 — Notwithstanding any other provision of this part, a holder of property under an instrument of a type described in Section 5000 is not required to receive, hold, or transfer the property in compliance
• § 5003 — (a) A holder of property under an instrument of a type described in Section 5000 may transfer the property in compliance with a provision for a nonprobate transfer on death that satisfies the terms of
• § 5010 — As used in this chapter, “written consent” to a provision for a nonprobate transfer of community property on death includes a written joinder in such a provision.
• § 5011 — Notwithstanding any other provision of this part, the rights of the parties in a nonprobate transfer of community property on death are subject to all of the following: (a) The terms of the instrument
• § 5012 — A provision of this chapter concerning rights between a married person and the person’s spouse in community property is relevant only to controversies between the person and spouse and their successor
• § 5013 — Nothing in this chapter limits the effect of a surviving spouse’s waiver of rights in community property under Chapter 1 (commencing with Section 140) of Part 3 of Division 2 or other instrument or ag
• § 5014 — (a) Except as provided in subdivision (b), this chapter applies to a provision for a nonprobate transfer of community property on the death of a married person, regardless of whether the provision for
• § 5015 — Nothing in this chapter limits the application of principles of fraud, undue influence, duress, mistake, or other invalidating cause to a written consent to a provision for a nonprobate transfer of co
• § 5020 — A provision for a nonprobate transfer of community property on death executed by a married person without the written consent of the person’s spouse (1) is not effective as to the nonconsenting spouse
• § 5021 — (a) In a proceeding to set aside a nonprobate transfer of community property on death made pursuant to a provision for transfer of the property executed by a married person without the written consent
• § 5022 — (a) Except as provided in subdivision (b), a spouse’s written consent to a provision for a nonprobate transfer of community property on death is not a transmutation of the consenting spouse’s interest