Bill Text: CA AB2338 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health care decisions: decisionmakers and surrogates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 782, Statutes of 2022. [AB2338 Detail]

Download: California-2021-AB2338-Amended.html

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Amended  IN  Senate  June 20, 2022

Amended  IN  Assembly  April 28, 2022

Amended  IN  Assembly  March 23, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2338

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Introduced by Assembly Member Gipson

February 16, 2022

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An act to amend Section 4711 of, and to add Section 4712 to to, the Probate Code, relating to health care decisions.

LEGISLATIVE COUNSEL'S DIGEST

AB 2338, as amended, Gipson. Health care decisions: decisionmakers and surrogates.

Existing law authorizes an adult having capacity to give an individual health care instruction and to designate a health care decisionmaker, including an agent designated in a power of attorney or a surrogate effective for a specified period of time, to make health care decisions on the person’s behalf. Existing law also authorizes a patient to designate an adult as a surrogate to make health care decisions by personally informing the supervising health care provider. Existing law authorizes a patient to disqualify a person, including a family member, from acting as the patient’s surrogate.

This bill would authorize the patient to designate an adult as a surrogate to make health care decisions by also personally informing a designee of the health care facility caring for the patient. The bill would authorize legally recognized health care decisionmakers, in an order of priority, to make health care decisions on a patient’s behalf if the patient lacks the capacity to make a health care decision. If a patient does not have a legally recognized health care decisionmaker, the bill would specify individuals, in an order of priority, individuals who may be chosen by a health care provider or a designee of the health care facility caring for the patient as a surrogate if the patient lacks the capacity to make a health care decision. The bill would also authorize a person require the patient’s surrogate to be an adult who has demonstrated special care and concern for the patient, is familiar with the patient’s personal values and beliefs to the extent known, and is reasonably available and willing to serve to take precedence in making health care decisions on the patient’s behalf. serve.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 4711 of the Probate Code is amended to read:

4711.

 (a) A patient may designate an adult as a surrogate to make health care decisions by personally informing the supervising health care provider. provider or a designee of the health care facility caring for the patient. The designation of a surrogate shall be promptly recorded in the patient’s health care record.

(b) Unless the patient specifies a shorter period, a surrogate designation under subdivision (a) is effective only during the course of treatment or illness or during the stay in the health care institution when the surrogate designation is made, or for 60 days, whichever period is shorter.

(c) The expiration of a surrogate designation under subdivision (b) does not affect any role the person designated under subdivision (a) may have in making health care decisions for the patient under any other law or standards of practice.

(d) If Notwithstanding Section 4685, if the patient has designated an agent under a power of attorney for health care, the surrogate designated under subdivision (a) has priority over the agent for the period provided in subdivision (b), but the designation of a surrogate does not revoke the designation of an agent unless the patient communicates the intention to revoke in compliance with subdivision (a) of Section 4695.

SECTION 1.SEC. 2.

 Section 4712 is added to the Probate Code, to read:

4712.

 (a) If a patient lacks the capacity to make a health care decision, the following legally recognized health care decisionmakers may make health care decisions on the patient’s behalf, in the following descending order of priority:

(1) The patient’s surrogate selected pursuant to Section 4711.

(2) The patient’s agent pursuant to an advance health care directive or a power of attorney for health care.

(3) The conservator or guardian of the patient having the authority to make health care decisions for the patient.

(b) Except as set forth in Section 4715, if a patient lacks the capacity to make a health care decision, but does not have a legally recognized health care decisionmaker, a surrogate may be chosen from any of the following persons, in the following descending order of priority: decisionmaker pursuant to subdivision (a), a health care provider or a designee of the health care facility caring for the patient may choose a surrogate to make health care decisions on the patient’s behalf, as appropriate in the given situation. The patient’s surrogate shall be an adult who has demonstrated special care and concern for the patient, is familiar with the patient’s personal values and beliefs to the extent known, and is reasonably available and willing to serve. A surrogate may be chosen from any of the following persons:

(1) The spouse or domestic partner of the patient.

(2) An adult child of the patient, with priority given to a child with whom the patient lives, if any. patient.

(3) A parent of the patient, with priority given to a parent with whom the patient lives, if any. patient.

(4) An adult sibling of the patient, with priority given to an adult sibling with whom the patient lives, if any. patient.

(5) An adult grandchild of the patient, with priority given to an adult grandchild with whom the patient lives, if any. patient.

(6) An adult relative or close personal friend.

(6)An available adult relative with the closest degree of kinship to the patient, with priority given to the relative with whom the patient lives, if any.

(7)A close, personal friend.

(c)Notwithstanding subdivision (b), including the prioritization listed in subdivision (b), a person who has demonstrated special care and concern for the patient, is familiar with the patient’s personal values and beliefs to the extent known, and is reasonably available and willing to serve may take precedence in making health care decisions on the patient’s behalf.