California Probate Code 4716 – (a) If a patient lacks the capacity to make a health care …
(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:
Terms Used In California Probate Code 4716
- Domestic partner: means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2. See California Probate Code 37
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
(1) “Capacity” has the same meaning as defined in Section 4609.
(2) “Health care” has the same meaning as defined in Section 4615.
(3) “Health care decision” has the same meaning as defined in Section 4617.
(4) “Domestic partner” has the same meaning as that term is used in § 297 of the Family Code.
(Added by Stats. 2001, Ch. 893, Sec. 49. Effective January 1, 2002.)