Existing law establishes the requirements for executing a written advance health care directive that is legally sufficient to direct health care decisions. Existing law provides a form that an individual may use or modify to create an advance health care directive. The statutory form includes a space to designate an agent to make health care decisions, as well as optional spaces to designate a first alternate agent and 2nd alternate agent. Existing law defines "health care decision," as specified. Existing law authorizes an individual to provide an "individual health care instruction" as the individual's authorized written or oral direction regarding a health care decision for the individual.
This bill would clarify that a "health care decision" does not include consent by a patient's agent, conservator, or surrogate to convulsive treatment, psychosurgery, sterilization, or abortion. The bill would confirm that a voluntary standalone psychiatric advance directive, as defined, may still be executed. The bill would clarify in the statutory advance health care directive form that the individual's agent may not consent to a mental health facility or consent to convulsive treatment, psychosurgery, sterilization, or abortion for the individual.

Statutes affected:
AB1029: 4617 PROB, 4701 PROB
02/15/23 - Introduced: 4701 PROB
04/12/23 - Amended Assembly: 4617 PROB, 4617 PROB, 4701 PROB
07/03/23 - Amended Senate: 4617 PROB, 4701 PROB
08/25/23 - Enrolled: 4617 PROB, 4701 PROB
09/08/23 - Chaptered: 4617 PROB, 4701 PROB
AB 1029: 4701 PROB