Section 1893 Of Article 2. Capacity To Give Informed Consent For Medical Treatment From California Probate Code >> Division 4. >> Part 3. >> Chapter 4. >> Article 2.
1893
. The conservatee shall be produced at the hearing except in
the following cases:
(a) Where the conservatee is out of state when served and is not
the petitioner.
(b) Where the conservatee is unable to attend the hearing by
reason of medical inability established (1) by the affidavit or
certificate of a licensed medical practitioner or (2) if the
conservatee is an adherent of a religion whose tenets and practices
call for reliance on prayer alone for healing and is under treatment
by an accredited practitioner of that religion, by the affidavit of
the practitioner. The affidavit or certificate is evidence only of
the conservatee's inability to attend the hearing and shall not be
considered in determining the issue of the legal capacity of the
conservatee. Emotional or psychological instability is not good cause
for the absence of the conservatee from the hearing unless, by
reason of such instability, attendance at the hearing is likely to
cause serious and immediate physiological damage to the conservatee.
(c) Where the court investigator has reported to the court that
the conservatee has expressly communicated that the conservatee (1)
is not willing to attend the hearing and (2) does not wish to contest
the petition, and the court makes an order that the conservatee need
not attend the hearing.