State Laws and Legislation

California Healthcare Laws

California specifically provides domestic partners the same authority to make decision on behalf of an incapacitated partner as a spouse has with regard to an incapacitated spouse. § 4716.

An adult may designate a surrogate to make health care decisions in his or her place. Surrogacy lasts during the treatment of an illness or 60 days, whichever is shorter. The advance directive must contain the date, patient’s signature (or that of someone designated to sign at the patient’s direction), be notarized or witnessed by two individuals. § 4673.

Domestic partners and their children are specifically granted visitation rights under CAL. HEALTH & SAFETY. CODE § 1261. "Domestic partnership" is defined under CAL. FAM. CODE § 297.

Citation: Uniform Healthcare Decisions Act: Cal. Prob. Code §§ 4600 to 4743 and Health Facilities; General: Cal. Health & SAFETY. CODE § 1261

Updated: Thu, May 01, 2008 - 11:00:49