Cal. PROB § 4712
This is the official text of Cal. PROB § 4712, part of California’s Probate Code — governs wills, trusts, estates, and conservatorships.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Official statutory text
(a) If a patient lacks the capacity to make a health care decision, the following legally recognized health care decisionmakers may make health care decisions on the patient’s behalf, in the following descending order of priority:
(1) The patient’s surrogate selected pursuant to Section 4711.
(2) The patient’s agent pursuant to an advance health care directive or a power of attorney for health care.
(3) The conservator or guardian of the patient having the authority to make health care decisions for the patient.
(b) Except as set forth in Section 4715, if a patient lacks the capacity to make a health care decision, but does not have a legally recognized health care decisionmaker pursuant to subdivision (a), a health care provider or a designee of the health care facility caring for the patient may choose a surrogate to make health care decisions on the patient’s behalf, as appropriate in the given situation. The patient’s surrogate shall be an adult who has demonstrated special care and concern for the patient, is familiar with the patient’s personal values and beliefs to the extent known, and is reasonably available and willing to serve. A surrogate may be chosen from any of the following persons:
(1) The spouse or domestic partner of the patient.
(2) An adult child of the patient.
(3) A parent of the patient.
(4) An adult sibling of the patient.
(5) An adult grandchild of the patient.
(6) An adult relative or close personal friend.
(1) The patient’s surrogate selected pursuant to Section 4711.
(2) The patient’s agent pursuant to an advance health care directive or a power of attorney for health care.
(3) The conservator or guardian of the patient having the authority to make health care decisions for the patient.
(b) Except as set forth in Section 4715, if a patient lacks the capacity to make a health care decision, but does not have a legally recognized health care decisionmaker pursuant to subdivision (a), a health care provider or a designee of the health care facility caring for the patient may choose a surrogate to make health care decisions on the patient’s behalf, as appropriate in the given situation. The patient’s surrogate shall be an adult who has demonstrated special care and concern for the patient, is familiar with the patient’s personal values and beliefs to the extent known, and is reasonably available and willing to serve. A surrogate may be chosen from any of the following persons:
(1) The spouse or domestic partner of the patient.
(2) An adult child of the patient.
(3) A parent of the patient.
(4) An adult sibling of the patient.
(5) An adult grandchild of the patient.
(6) An adult relative or close personal friend.
Status: in_force · Read it on the official government site
Dealing with a probate matter in California?
See all California Probate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.