Jurisdiction And Venue - Judicial Proceedings - Probate - CA

Section § 4760

This law section states that the superior court handles matters under this specific division, meaning it has the authority to deal with these cases. The court has the same powers and authority for these proceedings as it does in other legal matters, similar to the abilities granted under Section 128 of the Code of Civil Procedure. This means the court can make various legal decisions and actions as needed.

(a) The superior court has jurisdiction in proceedings under this division.

(b) The court in proceedings under this division is a court of general jurisdiction and the court, or a judge of the court, has the same power and authority with respect to the proceedings as otherwise provided by law for a superior court, or a judge of the superior court, including, but not limited to, the matters authorized by Section 128 of the Code of Civil Procedure.

superior court jurisdiction general jurisdiction court authority ...

Section § 4761

The court can take control of a legal case under this division using any reason allowed by Section 410.10 of the Code of Civil Procedure.

The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.

court jurisdiction Code of Civil Procedure Section 410.10 ...

Section § 4762

This law ensures that if someone is acting as a health care agent or surrogate in California, they can be held accountable in California courts for their actions or decisions regarding a patient's care within the state.

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 respect to matters relating to acts and transactions of the agent or surrogate performed in this state or affecting a patient in this state.

agent under power of attorney surrogate personal jurisdiction ...

Section § 4763

This section explains the order of priority for choosing the county to start a legal proceeding related to healthcare decisions. First, it's the patient's home county. If that's not suitable, it's the county where the agent or representative lives. If neither is appropriate, any county that's best for the patient can be chosen.

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.

(b) The county in which the agent or surrogate resides.

commencement of proceeding patient residence agent residence ...