Section 1890 Of Article 2. Capacity To Give Informed Consent For Medical Treatment From California Probate Code >> Division 4. >> Part 3. >> Chapter 4. >> Article 2.
1890
. (a) An order of the court under Section 1880 may be included
in the order of appointment of the conservator if the order was
requested in the petition for the appointment of the conservator or
the transfer petition under Section 2002 or, except in the case of a
limited conservator, may be made subsequently upon a petition made,
noticed, and heard by the court in the manner provided in this
article.
(b) In the case of a petition filed under this chapter requesting
that the court make an order under this chapter or that the court
modify or revoke an order made under this chapter, when the order
applies to a limited conservatee, the order may only be made upon a
petition made, noticed, and heard by the court in the manner provided
by Article 3 (commencing with Section 1820) of Chapter 1.
(c) No court order under Section 1880, whether issued as part of
an order granting the original petition for appointment of a
conservator or issued subsequent thereto, may be granted unless
supported by a declaration, filed at or before the hearing on the
request, executed by a licensed physician, or a licensed psychologist
within the scope of his or her licensure, and stating that the
proposed conservatee or the conservatee, as the case may be, lacks
the capacity to give an informed consent for any form of medical
treatment and the reasons therefor. Nothing in this section shall be
construed to expand the scope of practice of psychologists as set
forth in the Business and Professions Code.