Definitions and GeneralGeneral Provisions
Section § 4650
This law emphasizes that adults have the fundamental right to control their own health care decisions, which includes deciding whether to continue or stop life-sustaining treatment. It acknowledges modern technology's role in extending life, sometimes beyond natural limits, which can infringe on personal dignity and cause unnecessary suffering if the person is not expected to recover. The law also suggests that health care decisions should generally be made outside of court unless there's a dispute.
Section § 4651
This section is about making health care decisions for adults who can't make these decisions themselves, due to a lack of capacity. The rules here don't change someone's right to decide on their own health care as long as they can. Also, it doesn't change the laws for health care emergencies or care for minors who aren't legally independent.
Section § 4652
This law says that it does not give anyone the power to agree to certain medical procedures for a patient, such as placing them in a mental health facility, electroshock therapy, brain surgery, sterilization, or abortion.
Section § 4653
This law makes it clear that nothing in this section supports mercy killing, assisted suicide, or euthanasia. The only actions allowed are letting a person die naturally by withholding or withdrawing medical care based on an advance health care directive or a decision made by a legally designated person.
Section § 4654
This law explains that health care providers and institutions are not required to go against generally accepted medical standards when providing care. In other words, they don't have to offer treatments or procedures that conflict with what is widely recognized as the proper medical practice.
Section § 4655
(a) This law states that if a person hasn't made or has canceled an advance directive (a legal document stating preferences for medical treatment), it shouldn't automatically be assumed what their medical care wishes are.
(b) Also, if a person has tried to commit suicide, that action shouldn't be used to conclude that they want to limit their health care options.
Section § 4656
This law states that if a person dies because their health care was withheld or withdrawn according to the rules in this division, it is not considered suicide or homicide. Additionally, this does not affect or cancel any life insurance policies or annuities that provide a death benefit, even if the policy says otherwise.
Section § 4657
This law assumes that a patient is able to make their own health care decisions, like creating or canceling an advance health care directive, and choosing or rejecting someone to make decisions for them. If someone thinks otherwise, they must prove it.
Section § 4658
This law states that a primary physician is responsible for deciding if a patient can or cannot make their own health care decisions unless a written advance health care directive says otherwise. This includes determining if any condition affects the authority given to another person to make decisions on the patient's behalf.
Section § 4659
This law outlines who can and cannot make healthcare decisions on behalf of someone else through a power of attorney or as a health care surrogate. Generally, a patient's supervising health care provider, employees at the facility where they receive care, or operators of community care facilities cannot act as surrogates. However, exceptions are made for employees who are related to the patient or work at the same facility, excluding the supervising provider. Additionally, a conservator under certain mental health laws cannot be named as an agent unless specific conditions are met, including that the patient has legal representation and the lawyer certifies that the patient understands the implications of the directive.
Section § 4660
If you have a copy of a document related to your advance health care arrangements—like a directive about your medical wishes, a cancellation of that directive, or the name of someone who can make decisions for you—it’s just as valid as having the original document.