General ProvisionsLegal Mental Capacity

Section § 810

Explanation

The law states that generally, everyone is presumed to be capable of making their own decisions unless proven otherwise with evidence. Even if someone has a physical or mental disorder, they may still have the ability to make legal and personal decisions like marriage or writing a will.

If a court needs to decide if someone lacks the mental capacity to understand or perform certain actions, it should focus on specific evidence of mental impairment, not just a diagnosis of a disorder.

The Legislature finds and declares the following:
(a)CA Probate Code § 810(a) For purposes of this part, there shall exist a rebuttable presumption affecting the burden of proof that all persons have the capacity to make decisions and to be responsible for their acts or decisions.
(b)CA Probate Code § 810(b) A person who has a mental or physical disorder may still be capable of contracting, conveying, marrying, making medical decisions, executing wills or trusts, and performing other actions.
(c)CA Probate Code § 810(c) A judicial determination that a person is totally without understanding, or is of unsound mind, or suffers from one or more mental deficits so substantial that, under the circumstances, the person should be deemed to lack the legal capacity to perform a specific act, should be based on evidence of a deficit in one or more of the person’s mental functions rather than on a diagnosis of a person’s mental or physical disorder.
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Section § 811

Explanation

This law explains how a person can be determined to lack mental capacity for certain actions, such as signing contracts or making medical decisions. It requires evidence of a deficit in at least one mental function like alertness, information processing, thought processes, or mood management, and shows how these deficits relate to their decision-making ability. The court must consider how these deficits affect the person’s understanding of their actions' consequences. A mental or physical disorder alone doesn't automatically mean a person lacks capacity. The law only applies to court proceedings, not routine medical decisions made by healthcare providers outside of court.

(a)CA Probate Code § 811(a) A determination that a person is of unsound mind or lacks the capacity to make a decision or do a certain act, including, but not limited to, the incapacity to contract, to make a conveyance, to marry, to make medical decisions, to execute wills, or to execute trusts, shall be supported by evidence of a deficit in at least one of the following mental functions, subject to subdivision (b), and evidence of a correlation between the deficit or deficits and the decision or acts in question:
(1)CA Probate Code § 811(a)(1) Alertness and attention, including, but not limited to, the following:
(A)CA Probate Code § 811(a)(1)(A) Level of arousal or consciousness.
(B)CA Probate Code § 811(a)(1)(B) Orientation to time, place, person, and situation.
(C)CA Probate Code § 811(a)(1)(C) Ability to attend and concentrate.
(2)CA Probate Code § 811(a)(2) Information processing, including, but not limited to, the following:
(A)CA Probate Code § 811(a)(2)(A) Short- and long-term memory, including immediate recall.
(B)CA Probate Code § 811(a)(2)(B) Ability to understand or communicate with others, either verbally or otherwise.
(C)CA Probate Code § 811(a)(2)(C) Recognition of familiar objects and familiar persons.
(D)CA Probate Code § 811(a)(2)(D) Ability to understand and appreciate quantities.
(E)CA Probate Code § 811(a)(2)(E) Ability to reason using abstract concepts.
(F)CA Probate Code § 811(a)(2)(F) Ability to plan, organize, and carry out actions in one’s own rational self-interest.
(G)CA Probate Code § 811(a)(2)(G) Ability to reason logically.
(3)CA Probate Code § 811(a)(3) Thought processes. Deficits in these functions may be demonstrated by the presence of the following:
(A)CA Probate Code § 811(a)(3)(A) Severely disorganized thinking.
(B)CA Probate Code § 811(a)(3)(B) Hallucinations.
(C)CA Probate Code § 811(a)(3)(C) Delusions.
(D)CA Probate Code § 811(a)(3)(D) Uncontrollable, repetitive, or intrusive thoughts.
(4)CA Probate Code § 811(a)(4) Ability to modulate mood and affect. Deficits in this ability may be demonstrated by the presence of a pervasive and persistent or recurrent state of euphoria, anger, anxiety, fear, panic, depression, hopelessness or despair, helplessness, apathy or indifference, that is inappropriate in degree to the individual’s circumstances.
(b)CA Probate Code § 811(b) A deficit in the mental functions listed above may be considered only if the deficit, by itself or in combination with one or more other mental function deficits, significantly impairs the person’s ability to understand and appreciate the consequences of his or her actions with regard to the type of act or decision in question.
(c)CA Probate Code § 811(c) In determining whether a person suffers from a deficit in mental function so substantial that the person lacks the capacity to do a certain act, the court may take into consideration the frequency, severity, and duration of periods of impairment.
(d)CA Probate Code § 811(d) The mere diagnosis of a mental or physical disorder shall not be sufficient in and of itself to support a determination that a person is of unsound mind or lacks the capacity to do a certain act.
(e)CA Probate Code § 811(e) This part applies only to the evidence that is presented to, and the findings that are made by, a court determining the capacity of a person to do a certain act or make a decision, including, but not limited to, making medical decisions. Nothing in this part shall affect the decisionmaking process set forth in Section 1418.8 of the Health and Safety Code, nor increase or decrease the burdens of documentation on, or potential liability of, health care providers who, outside the judicial context, determine the capacity of patients to make a medical decision.
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Section § 812

Explanation

To make a decision in California, a person must be able to communicate their choice and understand several key aspects. These include any rights or duties related to the decision, the potential effects of the decision on themselves and others, and the risks, benefits, and other options available. Exceptions are made if other laws, like those relating to testamentary capacity, say otherwise.

Except where otherwise provided by law, including, but not limited to, Section 813 and the statutory and decisional law of testamentary capacity, a person lacks the capacity to make a decision unless the person has the ability to communicate verbally, or by any other means, the decision, and to understand and appreciate, to the extent relevant, all of the following:
(a)CA Probate Code § 812(a) The rights, duties, and responsibilities created by, or affected by the decision.
(b)CA Probate Code § 812(b) The probable consequences for the decisionmaker and, where appropriate, the persons affected by the decision.
(c)CA Probate Code § 812(c) The significant risks, benefits, and reasonable alternatives involved in the decision.
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Section § 813

Explanation

This law explains what it means for someone to be able to give informed consent to medical treatment. The person must be able to understand and respond intelligently to questions about the treatment. They should be capable of making decisions through a rational thought process and understand key information about their condition, the treatment proposed, its risks and benefits, and any alternatives. If a person can give informed consent, they also have the right to refuse the treatment.

(a)CA Probate Code § 813(a) For purposes of a judicial determination, a person has the capacity to give informed consent to a proposed medical treatment if the person is able to do all of the following:
(1)CA Probate Code § 813(a)(1) Respond knowingly and intelligently to queries about that medical treatment.
(2)CA Probate Code § 813(a)(2) Participate in that treatment decision by means of a rational thought process.
(3)CA Probate Code § 813(a)(3) Understand all of the following items of minimum basic medical treatment information with respect to that treatment:
(A)CA Probate Code § 813(a)(3)(A) The nature and seriousness of the illness, disorder, or defect that the person has.
(B)CA Probate Code § 813(a)(3)(B) The nature of the medical treatment that is being recommended by the person’s health care providers.
(C)CA Probate Code § 813(a)(3)(C) The probable degree and duration of any benefits and risks of any medical intervention that is being recommended by the person’s health care providers, and the consequences of lack of treatment.
(D)CA Probate Code § 813(a)(3)(D) The nature, risks, and benefits of any reasonable alternatives.
(b)CA Probate Code § 813(b) A person who has the capacity to give informed consent to a proposed medical treatment also has the capacity to refuse consent to that treatment.
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