California Probate Code

§ 4716

PROB § 4716 Effective Jan 1, 2002Div. 4.7 · Part 2 · Ch. 3

Statute text

(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.

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Legislative history

Added by Stats. 2001, Ch. 893, Sec. 49. Effective January 1, 2002.