Cite as: Cal. 43. (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. (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. Original Source: § 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. As used in this chapter: (a) "Conservator" means the conservator of the person. California Probate Code Sec. (Enacted by Stats. Guardianship, Conservatorship, & Other Protective Proceedings, Provisions Common to Guardianship & Conservatorship, Powers & Duties of Guardian or Conservator of the Person. 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. Section 2354. 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 … 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. (2) As provided in Section 2355 of the Probate Code if the person has been adjudicated to lack the capacity … we provide special support 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 . / Section 2354. 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. (a) As used in this section: (1) “ Guardian or conservator ” includes a temporary guardian of the person or a temporary conservator of the person. 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. (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 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. Section 2354. For more detailed codes research information, including annotations and citations, please visit Westlaw. Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? for non-profit, educational, and government users. 2011 California Code Probate Code DIVISION 4. (b) Except as provided in subdivision (c), if the ward is 14 years of age or older, no surgery … Justia US Law US Codes and Statutes California Code 2011 California Code Probate Code DIVISION 4. (3) A temporary guardian of the estate or temporary conservator of the estate may marshal assets and establish accounts at financial institutions. 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. Internet Explorer 11 is no longer supported. The conservator may also give consent to the medical treatment, but the consent of the conservator is not required if the conservatee has the … increasing citizen access. Copyright © 2020, Thomson Reuters. Microsoft Edge. (Amended by Stats. 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. Begin typing to search, use arrow keys to navigate, use enter to select. Powers and Duties of Guardian or Conservator of the Person Section 2357 (Amended by Stats. Section 2354 - Medical treatment performed upon conservatee. 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. (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. 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 … (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. (2) “Ward or conservatee” includes a person for whom a temporary guardian of the person or temporary conservator of the person has been appointed. We will always provide free access to the current law. Terms Used In California Probate Code 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 … (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. 4. 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