SB 1252

Bill Subjects

Abstract

Existing law, the Health Care Decisions Law, authorizes an adult having capacity to give an individual health care instruction. Existing law authorizes the individual instruction to be limited to take effect only if a specified condition arises. Existing law authorizes a written advance health care directive to include the individual's nomination of a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration if protective proceedings for the individual's person or estate are thereafter commenced. Existing law also authorizes an adult having capacity to execute a power of attorney for health care to authorize an agent to make health care decisions for the principal, and authorizes the power of attorney to include individual health care instructions. Existing law authorizes the principal in a power of attorney for health care to grant authority to make decisions relating to the personal care of the principal, including, but not limited to, determining where the principal will live, providing meals, or hiring household employees. Existing law defines "health care decision" and "health care" for these purposes to mean any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient's physical or mental condition. This bill would clarify that health care decisions under those provisions include mental health treatment. The bill would revise the statutory advance health care directive form to clarify that a person may include instructions relating to mental health treatment.