Section 2353 Of Chapter 5. Powers And Duties Of Guardian Or Conservator Of The Person From California Probate Code >> Division 4. >> Part 4. >> Chapter 5.
2353
. (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.
(b) Except as provided in subdivision (c), if the ward is 14 years
of age or older, no surgery may be performed upon the ward without
either (1) the consent of both the ward and the guardian or (2) a
court order obtained pursuant to Section 2357 specifically
authorizing such treatment.
(c) The guardian may consent to surgery to be performed upon the
ward, and may require the ward to receive the surgery, in any case
where the guardian determines in good faith based upon medical advice
that the case is an emergency case in which the ward faces loss of
life or serious bodily injury if the surgery is not performed. In
such a case, the consent of the guardian alone is sufficient and no
person is liable because the surgery is performed upon the ward
without the ward's consent.
(d) Nothing in this section requires the consent of the guardian
for medical or surgical treatment for the ward in any case where the
ward alone may consent to such treatment under other provisions of
law.