Section 3208 Of Part 7. Capacity Determinations And Health Care Decisions For Adult Without Conservator From California Probate Code >> Division 4. >> Part 7.
3208
. (a) Except as provided in subdivision (b), the court may make
an order authorizing the recommended health care for the patient and
designating a person to give consent to the recommended health care
on behalf of the patient if the court determines from the evidence
all of the following:
(1) The existing or continuing condition of the patient's health
requires the recommended health care.
(2) If untreated, there is a probability that the condition will
become life-endangering or result in a serious threat to the physical
or mental health of the patient.
(3) The patient is unable to consent to the recommended health
care.
(b) In determining whether the patient's mental functioning is so
severely impaired that the patient lacks the capacity to make any
health care decision, the court may take into consideration the
frequency, severity, and duration of periods of impairment.
(c) The court may make an order authorizing withholding or
withdrawing artificial nutrition and hydration and all other forms of
health care and designating a person to give or withhold consent to
the recommended health care on behalf of the patient if the court
determines from the evidence all of the following:
(1) The recommended health care is in accordance with the patient'
s best interest, taking into consideration the patient's personal
values to the extent known to the petitioner.
(2) The patient is unable to consent to the recommended health
care.