Revocation Of Advance Directives - Advance Health Care Directives - Probate - CA

Section § 4695

If you're a patient who can make your own decisions, you can cancel the appointment of a health care agent either by writing it down and signing it or by directly telling your main health care provider. Additionally, you can revoke other parts of your advance health care directive by any method that shows you want to cancel it.

(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.

(b) A patient having capacity may revoke all or part of an advance health care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke.

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Section § 4696

If a doctor, agent, conservator, or person acting on behalf of a patient learns that an advance health care directive has been canceled, they must quickly inform the main doctor in charge and any hospital or facility where the patient is being treated.

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 health care provider and to any health care institution where the patient is receiving care.

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Section § 4697

This law states that if you have named your spouse as the person to make healthcare decisions for you through a power of attorney, and then you and your spouse divorce or annul the marriage, your ex-spouse can no longer make those decisions on your behalf.

If you later remarry the same person, their authority to make healthcare decisions for you is automatically restored.

(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 care decisions for the principal is revoked.

(b) If the agent’s authority is revoked solely by subdivision (a), it is revived by the principal’s remarriage to the agent.

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Section § 4698

If you create a new advance health care directive and it conflicts with an older one, the new directive will override the parts of the old one where they don't agree.

An advance health care directive that conflicts with an earlier advance directive revokes the earlier advance directive to the extent of the conflict.

advance health care directive conflicting directives revoke earlier directive ...