probate code section 2354

CA Prob Code § 2353 (2017) (a) Subject to subdivision (b), the guardian has the same right as a parent having legal custody of a child to give consent to medical treatment performed upon the ward and to require the ward to receive medical treatment. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=2354. For more detailed codes research information, including annotations and … (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the … (last accessed Jun. Section 2354. Independent Exercise of Powers Section 2591.5 (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. 2019 California Code Probate Code - PROB DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS PART 4 - PROVISIONS COMMON TO GUARDIANSHIP AND CONSERVATORSHIP CHAPTER 5 - Powers and Duties of Guardian or Conservator of the Person Section 2354. (a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. Original Source: (b) The conservator may require the conservatee to receive medical treatment, whether or not the conservatee consents to the treatment, if a court order specifically authorizing the medical treatment has been obtained pursuant to (2) As provided in Section 2355 of the Probate Code if the person has been adjudicated to lack the capacity … (k) Nothing in this section shall affect current law regarding the power of a probate court to fix the residence of a conservatee or to authorize medical treatment for any conservatee who has not been determined to have dementia. 1990, Ch. The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the capacity to give informed … California Probate Code Section 2354. Refreshed: 2018-05-15 Begin typing to search, use arrow keys to navigate, use enter to select. § 2352 (a) The guardian may establish the residence of the ward at any place within this state without the permission of the court. Guardianship, Conservatorship, & Other Protective Proceedings, Provisions Common to Guardianship & Conservatorship, Powers & Duties of Guardian or Conservator of the Person. 847, Sec. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] CHAPTER 5. For more detailed codes research information, including annotations and citations, please visit Westlaw. Terms Used In California Probate Code 2354. Prob. Section 2354. Code Section Code: Select Code CONS BPC CIV CCP COM CORP EDC ELEC EVID FAM FIN FGC FAC GOV HNC HSC INS LAB MVC PEN PROB PCC PRC PUC RTC SHC UIC VEH WAT WIC Article: Section: Code: Select Code All BPC CIV CCP COM CORP EDC ELEC EVID FAM FIN FGC FAC GOV HNC HSC INS LAB MVC PEN PROB PCC PRC PUC RTC SHC UIC VEH WAT WIC Section: Sec. An experimental drug may be prescribed for or administered to a ward or conservatee only as provided in Article 4 (commencing with Section 111515) of Chapter 6 of Part 5 of Division 104 of the Health and Safety Code. We will always provide free access to the current law. Conservatee: includes a limited conservatee.See California Government Code 21260; Conservator: means the conservator of the person.See California Water Code 31151; Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. Read this complete California Code, Probate Code - PROB § 2355 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . (1) A temporary guardian of the person has the powers and duties specified in Section 2353 (medical treatment). Section 2357 (2) A temporary conservator of the person has the powers and duties specified in Section 2354 (medical treatment). (h) This section does not apply to a person with developmental disabilities for whom the Director of Developmental Services or a regional center, established pursuant to Chapter 5 (commencing with Section 4620) of Division 4.5 of the Welfare and Institutions Code, acts as the conservator. (SB 303) Effective January 1, 2020.) increasing citizen access. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. An experimental drug as defined in Section 111515 of the Health and Safety Code shall not be prescribed for or administered to a ward or conservatee under this division. 4. Internet Explorer 11 is no longer supported. Division 4, Guardianship, Conservatorship, and Other Protective Proceedings; Part 4, Provisions Common to Guardianship and Conservatorship; Chapter 5, Powers and Duties of Guardian or Conservator of the Person; Section 2353. 319, Sec. . California Probate Code Sec. Read this complete California Code, Probate Code - PROB § 2352 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. As used in this chapter: (a) "Conservator" means the conservator of the person. § 2354, § 2358 When a guardian or conservator is appointed, the court may, with the consent of the guardian or conservator, insert in the order of appointment conditions not otherwise obligatory providing for the care, treatment, education, and welfare of … California Probate Code Section 2353. Section 2354 - Medical treatment performed upon conservatee. As provided in Section 2354 of the Probate Code if the person has not been adjudicated to lack the capacity to give informed consent for medical treatment. California Probate Code Section 2355 CA Prob Code § 2355 (2017) (a) If the conservatee has been adjudicated to lack the capacity to make health care decisions, the conservator has the exclusive authority to make health care decisions for the conservatee that the conservator in good faith based on medical advice determines to be necessary. Read this complete California Code, Probate Code - PROB § 2354 on Westlaw, industry-leading online legal research system, Amazon Alleged to Spy on Its Workers Even More Than Its Consumers, Betting Money Is Now on Supreme Court Keeping ACA Largely Intact. 2017, Ch. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? (2) “ Ward or conservatee ” includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed. California Probate Code Sec. The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the capacity to give informed consent to the … 79.) for non-profit, educational, and government users. Microsoft Edge. Justia US Law US Codes and Statutes California Code 2011 California Code Probate Code DIVISION 4. (Amended by Stats. (2) As provided in Section 2355 of the Probate Code if the person has been adjudicated to lack the capacity to give informed consent for medical treatment. (d) If the court suspends powers of the conservator under Section 2334 or 2654 or under any other provision of this division, the court may appoint a temporary conservator to exercise those powers until the powers are restored to the conservator or a new conservator is appointed. Firefox, or You are here: California / Probate Code - PROB / CHAPTER 5. / Section 2354. (1) As provided in Section 2354 of the Probate Code if the person has not been adjudicated to lack the capacity to give informed consent for medical treatment. For more detailed codes research information, including annotations and citations, please visit Westlaw . (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. In addition, (Enacted by Stats. In such a case, the consent of the conservator alone is sufficient and no person is liable because the medical treatment is performed upon the conservatee without the conservatee's consent. All rights reserved. (b) Except as provided in subdivision (c), if the ward is 14 years of age or older, no surgery … 43. Powers and Duties of Guardian or Conservator of the Person Section 2357 FCC Again Rejects Net Neutrality Even as Controversy Reignites. GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS [1400 - 3925] ARTICLE 11. 2010 California Code Probate Code ... PROBATE CODE SECTION 2350-2360 2350. 2354. Join thousands of people who receive monthly site updates. We recommend using 6, 2016). CA Prob Code § 2252 (2017) (a) Except as otherwise provided in subdivisions (b) and (c), a temporary guardian or temporary conservator has only those powers and duties of a guardian or conservator that are necessary to provide for the temporary care, maintenance, and support of the ward or conservatee and that are necessary to conserve and protect the property of the ward or … Google Chrome, The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the capacity to give informed consent to the medical treatment, and the consent of the conservator alone is not sufficient under this subdivision if the conservatee objects to the medical treatment. Through social Copyright © 2020, Thomson Reuters. Location:https://california.public.law/codes/ca_prob_code_section_2354. we provide special support Powers and Duties of Guardian or Conservator of the Person [2350. California Probate Code Sec. (p) The power to pay, collect, compromise, or otherwise adjust claims, debts, or demands upon the guardianship or conservatorship described in subdivision (a) of Section 2501, Section 2502 or 2504, or to arbitrate any dispute described in Section 2406. Code §2354. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. California Probate Code Section 2351 CA Prob Code § 2351 (2017) (a) Subject to subdivision (b), the guardian or conservator, but not a limited conservator, has the care, custody, and control of, and has charge of the education of, the ward or conservatee. (Amended by Stats. (a) As used in this section: (1) “ Guardian or conservator ” includes a temporary guardian of the person or a temporary conservator of the person. 2011 California Code Probate Code DIVISION 4. Universal Citation: CA Prob Code § 2354 (through 2012 Leg Sess) (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. (2) Services, including residential placement, for a conservatee described in paragraph (1) who is a consumer, as defined in Section 4512 of the Welfare and Institutions Code, shall be identified, delivered, and evaluated consistent with the individual program plan process described in Article 2 (commencing with Section 4640) of Chapter 5 of Division 4.5 of the Welfare and Institutions Code. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (c) (c) The conservator may consent to medical treatment to be performed upon the conservatee, and may require the conservatee to receive the medical treatment, in any case where the conservator determines in good faith based upon medical advice that the case is an emergency case in which the medical treatment is required because (1) the treatment is required for the alleviation of severe pain or (2) the conservatee has a medical condition which, if not immediately diagnosed and treated, will lead to serious disability or death. entrepreneurship, we’re lowering the cost of legal services and For more detailed codes research information, including annotations and citations, please visit Westlaw . § 2252 (a) ... A temporary conservator of the person has the powers and duties specified in Section 2354 (medical treatment). - 2359.] CA Prob Code § 2357 (2017) (a) As used in this section: (1) “Guardian or conservator” includes a temporary guardian of the person or a temporary conservator of the person. § 2354 (a) If the conservatee has not been adjudicated to lack the capacity to give informed consent for medical treatment, the conservatee may consent to his or her medical treatment. The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the capacity to give informed consent to the medical treatment, and the consent of the conservator alone is not sufficient under this subdivision if the conservatee … (2) “Ward or conservatee” includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed. Cite as: Cal. 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